FAQs matching Administration of Estates

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Is there a moral duty requirement in relation to family provision?

Practice Areas: Wills, Estate Planning, Administration of Estates

When analysing the concept of moral duty in regards to family provision, the initial test which first addressed the concept was set by the Privy Council...

Can I make a gift for maintenance of my pet?

Practice Areas: Wills, Administration of Estates

The position in Australia is that for the most part, a beneficiary must be a person in order for the courts to decree performance. Furthermore, in order...

Can a superannuation benefit be paid into an estate?

Practice Areas: Superannuation & Elder Law, Estate Planning, Administration of Estates

There may be an obligation for the superannuation death benefit to be paid into an estate via a trust deed, or a binding death benefit nomination. Furthermore,...

How are trustees appointed?

Practice Areas: Estate Planning, Administration of Estates

The main ways in which a trustee can be appointed are through the express terms of a trust instrument, statute or by court appointment. Trust instrument:...

Are trusts that interfere with a marriage, void?

Practice Areas: Wills, Succession Planning, Administration of Estates

On an initial reading, trusts that interfere with the sanctity of a marriage by encouraging the dissolution of a marriage are void. In Church Property...

What happens if a beneficiary to an estate is suffering from financial hardship?

Practice Areas: Wills, Administration of Estates

There may be occasions where a beneficiary to an estate wishes to acquire the property immediately due to financial hardship, or the person has no income...

What factors are considered in determining whether an adequate provision has been made?

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

Depending on the jurisdiction, a number of factors will be considered in determining whether adequate provisions have been made from the estate. However...

What is an illegal trust and can illegal trusts ever be enforceable?

Practice Areas: Equity & Trusts, Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates

Most people who create a trust probably for the most part wouldn’t consider the wider public policy implications. However, trusts that are contrary...

Is there a moral duty for a testator to make a provision to family members?

Practice Areas: Equity & Trusts, Superannuation & Elder Law, Wills, Probate (Letters of Administration) , Estate Planning, Succession Planning, Administration of Estates

No Australian jurisdiction compels a person to fulfil a ‘moral duty’ in making provisions to family members. However, the courts have traditionally...

How can disputes over testamentary capacity arise?

Practice Areas: Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates

The doctrine of testamentary capacity is meant to protect individuals who may be vulnerable to undue influence and are liable to draft a will in a manner...

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