A Deed of Variation is a legal document that changes the terms of a person’s Will after their death. Why would you need a Deed of Variation? There are several reasons why the beneficiaries to a Will may wish to change the terms of the Will. In all Australian States it is possible for eligible … Continue reading Deed of Variation
Law Info
Uncontested Application!
An “Uncontested Application” requires expert legal advice from a lawyer who deals in Estate Litigation. When a person dies, there is a legal process that needs to be followed to allow their assets and liabilities to be administered. This process is referred to as a Grant of Probate and it requires the making of a … Continue reading Uncontested Application!
Inheritance Dispute and a Contested Will
What is an Inheritance Dispute? When people talk about an Inheritance Dispute, they are generally talking about a family provision claim under the New South Wales Succession Act. Under the Succession Act eligible people are able to make a family provision claim if they believe that they have been unfairly treated in a Will. Eligible … Continue reading Inheritance Dispute and a Contested Will
Stopping Probate using a Caveat in a Will Claim
A common issue that can arise in a Will claim is the danger that the Court may issue a Grant of Probate of a deceased’s Will, which allows the Executor to start distributing the assets to the beneficiaries listed in the Will. To stop this happening, it is possible to lodge a Caveat with the … Continue reading Stopping Probate using a Caveat in a Will Claim
Caveat for an Incorrectly Executed Will
Applying for a caveatfor an incorrectly executed Will is possible. In New South Wales to be valid, a Will needs to be signed by the person making the Will in front of two witnesses. If you believe that a Will has been incorrectly executed, you need to act quickly to protect your position and your … Continue reading Caveat for an Incorrectly Executed Will
Will My Assets Pass Into My Estate?
Will my Assets pass into my Estate? In your Will, you have the ability to leave written instructions on who is to receive your assets when you die. However, you need to be aware that some of your assets will not be part of your Estate and therefore not controlled by your Will. This means … Continue reading Will My Assets Pass Into My Estate?
Wills, Probates and Estates
Wills, Probate and Estates, the law, process and words surrounding what happens to your assets and liabilities when you die can be confusing. In simple terms, you have the ability to make a valid Will which is a written document signed by you and witnessed by two other people that sets out the way you … Continue reading Wills, Probates and Estates
What is an Estate in Probate?
An Estate in Probate means that the Supreme Court of New South Wales has agreed that the Will of the deceased is their last valid Will. As soon as the Supreme Court admits a Will to Probate, it means that the Executor named in the Will is able to collect the assets of the deceased … Continue reading What is an Estate in Probate?
What Do You need To Be Aware, Of When Contesting A Will?
What do you need to be aware of, when Contesting a Will. There are a number of things that you need to be aware of and how they can impact on your family provision claim. The first thing that you need to be aware of is, whether you are classed as an “eligible person” under … Continue reading What Do You need To Be Aware, Of When Contesting A Will?
Reseal of Probate And Why Is It Necessary?
Reseal of Probate is explained in this article and why it is important when applying for Probate, when assets are located in a different state! When a person dies it is necessary to make an application for Probate to the New South Wales Supreme Court for their Will to be recognised. If everything is in order, … Continue reading Reseal of Probate And Why Is It Necessary?