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Wills & Estates Articles
Undue Influence and Suspicious Circumstances
The validity of a will may be contested on the grounds that it was made as a result of ‘undue influence’ being exercised over the deceased person by one or more other persons, or on the basis that there are suspicious circumstances surrounding the making of the will. Undue influence In order > Read More
Testamentary Discretionary Trusts
A properly drafted testamentary discretionary trust is one of the most effective estate planning tools available today. What is a testamentary discretionary trust? A testamentary discretionary trust (TDT) is a trust established by your will. Following your death, your estate is distributed to the TDT, rather than to individual beneficiaries, and managed > Read More
Steps in the Administration of a Deceased Estate
The time following the death of a loved one is always emotionally difficult for family and friends. For those left behind, there is often also the added burden of administering the deceased person’s estate. Because every person’s circumstances are unique, the administration of every deceased estate is also unique in terms of > Read More
Rectification of Wills
Despite everyone’s best efforts, sometimes a will does not carry out the will-maker’s intentions, whether due to a drafting error or some misunderstanding as to the will-maker’s instructions. In these circumstances, it may be necessary for an application to be made to the Supreme Court seeking the rectification of the will. The > Read More
Probate and Letters of Administration
In order to complete the administration of a deceased estate, particularly where the assets of the estate are more than a modest value, it is often necessary for a grant of probate or letters of administration to be obtained. Entities such as banks and share registries often insist on sighting a grant > Read More
Letter of Wishes
Making a will is one of the most important things you can do to ensure that your loved ones are properly provided for in the event of your death. Obviously, the primary purpose of a will is to ensure that your estate will pass to your intended beneficiaries. However, there are many > Read More
Issues to Consider when Making Your Will
Making a will is one of the most important things you can do to ensure that your loved ones are properly provided for in the event of your death. Obviously, the primary purpose of a will is to ensure that your estate will pass to your intended beneficiaries. The purpose of this > Read More
Interpretation of Wills
Disputes sometimes arise as to the correct interpretation of the words used in a will. Common problems with interpretation of wills The most common problems that arise in relation to the interpretation of wills are: problems with the description of the property disposed of in the will; problems with identification of the > Read More
Informal Wills
Sometimes a will is not executed in accordance with the formal requirements for a valid will. This can occur in a range of circumstances, including: where a person uses a home will kit and does not sign the document in accordance with the requirements for the execution of a will; where a > Read More
Family Provision Applications
One of the most common ways in which wills and deceased estates are contested is through a family provision application. What is a family provision application? A family provision application involves a person within a defined relationship to the deceased making an application to the court seeking a share of the estate, > Read More
Enduring Power of Attorney
If you lose the capacity to make decisions for yourself, there would be a need for someone to be legally appointed to make decisions on your behalf. If you do not have an enduring power of attorney, then if you lose capacity, it would be necessary for an application to be made > Read More
Disputes about Testamentary Capacity
Disputes sometimes arise as to whether a person lacked the mental capacity required to make a valid will. In order to possess what the law calls ‘testamentary capacity’ – that is, the capacity to make a valid will – a person must be of ‘sound mind, memory and understanding’. What is testamentary > Read More
Contractual Wills and Mutual Wills
Disputes sometimes arise as to whether a deceased person has breached a contract to leave property by their will, or an agreement for mutual wills. Contractual wills The courts will enforce contractual arrangements made regarding gifts of property by will. In such cases, the will itself is not invalid, but the promisee > Read More
Binding Death Benefit Nominations
Did you know that your superannuation does not automatically form part of your estate in the event of your death? How is superannuation dealt with on death? Many people direct how their property is to pass under their will and assume that their superannuation will follow in the same way. However, this > Read More
Advance Health Directive
The time may come when you are unable to speak or make decisions for yourself in relation to the health care you receive. By making an advance health directive, you can record your wishes and directions regarding your future health care and have confidence that they will be followed if you lose > Read More
