Succession and estate law can be complex, particularly during times of uncertainty or change.
Our Resources page is designed to provide clear, accessible information to help individuals, families, executors and professional referrers better understand estate planning, deceased estates and estate disputes. We regularly publish updates, articles and guidance on common questions and legal issues, with a focus on clarity and practical relevance.
Specific gifts of property in Wills sometimes fail, as the asset that was to be gifted was sold or disposed of by the Willmaker during their lifetime. This is known legally as "ademption."
There is an exception to the law of ademption, which exists within NSW's Po...
Examining the property ownership structures of clients is a basic step within an estate planning review.
Why? Changes to how property is owned can have dramatic differences to how property is dealt with upon death. Property may be owned:
1. As joint ten...
It is fundamental to a family provision claim that the plaintiff evidences their financial need in order to demonstrate that the Will of the deceased fails to adequately provide for the proper maintenance, advancement and education in life.
The Court's practice n...
Powers of Attorney are often not afforded enough attention in an estate plan. Bespoke powers are particularly important for all couples and anyone with trust structures. The effect of a separation or divorce should also be contemplated. If you or your clients have any questio...
What is a testamentary trust? Testamentary trusts are simply trusts created in a Will.
A reminder to farmers and their advisors that the stamp duty exemptions for transfers of land (or shares in land rich companies) were extended to include trusts.
Breakwalls for FP Claims: section 100 statements can be a useful breakwall against the wave of evidence filed by a prospective claimant.
Reversionary pensions are a type of superannuation pension that "revert" from a member to their surviving spouse, child under 18 (can be up to 25 in special circumstances) or other restricted types of dependents and interdependents. Why are reversionary pensions useful?...
Unsurprisingly, there is a law against killing someone and inheriting their estate.
What's involved when someone makes a family provision claim against an estate?
Whether someone is contesting a Will as a de facto spouse, or seeking to receive a proportion of an estate where there is no Will (intestacy), then the Court must be satisfied that a de facto relationship existed at the time of the deceased's death.
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