Articles matching Estates

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What Happens When An Estate Is Insolvent?

Filed under: Wills, Estates

Estate is insolvent in NSW when the liabilities of the deceased Estate are greater that the assets of the Estate.

What are Dependent Support Claims in Contested Wills?

Filed under: Wills, Estates, Wills, Estates and Succession Planning Law

Dependent Support Claims in Contested Wills, are claims made against a deceased Estate by dependents of the deceased. They are generally made by adults...

What is Testamentary Freedom and what are the constraints and limitations associated with Testamentary Freedom?

Filed under: Succession Planning, Estates

Testamentary Freedom is the freedom afforded to a person to decide who they want their property to go to when they die.

Family Provision Claim on a Disputed Estate

Filed under: Wills, Estates, Family Provisions

In today’s world, it is becoming increasingly common for people to be part of blended families where the children’s parents have remarried. In such cases,...

The rules of intestacy in Australia

Filed under: Wills, Estate Planning, Estates, Family Provisions

One of the most important things a person can do is to have a valid will. However, death can occur unexpectedly and if there is no valid will, the estate...

How to set up a Testamentary Trust after death

Filed under: Equity & Trusts, Estate Planning, Succession Planning, Administration of Estates, Estates, Family Provisions

Wills using testamentary trusts are the starting point for most estate planning endeavours. They can ensure that wealth will pass to the intended beneficiaries...

What happens to an unsigned will upon the will-maker’s death?

Filed under: Wills, Estate Planning, Succession Planning, Estates

If a draft will has not been signed prior to a will-maker’s death, then certain persons may make an application to the Supreme Court of Queensland pursuant...

10 Reasons you MUST have a Will

Filed under: Wills, Estate Planning, Succession Planning, Estates, Wills, Estates and Succession Planning Law, Wills and Enduring Power of Attorney, Family Provisions

If you don’t have a valid, up to date Will you are overlooking an important opportunity to plan for your family’s future. A Will has many benefits, including...

Is there a ‘moral duty’ compelling a person to make a family provision for relatives?

Filed under: Equity & Trusts, Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates, Inheritance Disputes, Estates

Is there a ‘moral duty’ compelling a person to make a family provision for relatives under Australian law?

The Best Lawyer For Your Will Dispute

Filed under: Wills, Estate Planning, Inheritance Disputes, Estates

Since the introduction of the Succession Act in New South Wales in 2009 there has been a steady increase in family provision claims, commonly referred...

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