Sydney Probate Lawyer

What Does The Law Mean By Moral Obiligation – Contesting Wills!

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.

We Can’t Find Any Will

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

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

Heckenberg Probate Plus Service

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?

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?

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?