In contested wills and will disputes the concept of moral obligation is often raised. For instance is a spouse , life partner or de-facto of the deceased is left out of a will they often successful challenge the will on the grounds that the deceased owed a moral obligation to them to provide for them in the will.
Why is it so important to choose your Executors carefully? It is extremely important to choose your Executors carefully because they are the people that will be carrying out the wishes contained in your Will. Executors administer your Estate including distributing your assets to your beneficiaries. In order to administer your Estate your Executors will … Continue reading Why is it so important to choose your Executors carefully?
Life Estates – What are they? What are the Pro’s & Con’s of having one? If someone receives a Life Estate under a Will it means that they have the right to possession and enjoyment of property, including income from property, for the duration of their life. A Life Estate is usually created to allow … Continue reading Life Estates – What are they? What are the Pro’s & Con’s of having one?
We Can’t Find Any Will If someone dies without a will, that is known to the law as an “Intestacy”. Many Australians do not have a will, so what happens there? Jointly owned property goes automatically to the surviving joint owner, so there is not a problem with jointly owned bank accounts, investments and homes. … Continue reading We Can’t Find Any Will
Disputing Wills there are three main avenues to challenge or dispute a will. But first you need some basic points about wills. Usually, the executor named in the will (ie the person who carries out the instructions in the will) must obtain a grant of probate from the Supreme Court which gives legal authority to … Continue reading Disputing Wills
Contentious Probate and Trust Disputes In New South Wales there are actions you can take if you believe that a Will is suffering one of the following issues: The Will is not valid as it was not signed by the deceased in accordance with the requirements set out in the legislation; or The deceased lacked … Continue reading Contentious Probate and Trust Disputes
How long does Probate and Estate Administration usually take? The Supreme Court will usually approve an application for Probate within six working days. However, you need to be aware that a number of steps need to be taken before you will be in a position to make a Probate application to the Court including: Locating … Continue reading How long does Probate and Estate Administration usually take?
Heckenberg Lawyers are specialists in Probate Law. When you are appointed the Executor of a deceased Estate you are responsible for obtaining a Grant of Probate and then distributing the Estate in accordance with the Will of the deceased. In addition, as Executor of the Estate you need to comply with all your legal obligations … Continue reading Heckenberg Probate Plus Service
Does a Living Trust go through Probate? What do I need to know about setting one up? One of the main attractions of a Living Trust is that it does not go through Probate. This has many advantages for beneficiaries under the Trust including a limitation on family provision claims against your Estate. A Living … Continue reading Does a Living Trust go through Probate? What do I need to know about setting one up?
What are Chattels and why is it important for the value to be known for the sake of the beneficiaries? Chattels are commonly defined as ‘moveable property’. In terms of a deceased estate ‘chattels’ will include the personal property of the deceased such as furniture, jewellery and personal items and other property not including real … Continue reading What are Chattels and why is it important for the value to be known for the sake of the beneficiaries?