Blog
Category: Deceased Estates
Should I treat my children equally in my Will? Navigating unequal gifts
There is no particular reason or legal obligation that will require a parent to treat their children equally under their Will. But while the law gives you the freedom to distribute your estate however you wish, unequal gifts can carry consequences, both legal and emotional.
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Can I leave someone $1 in my Will to prevent them making a claim against my estate?
It is a question that often arises during estate planning when trying to manage the risk of a person contesting a Will: "If I leave someone a token amount, like $1, in my Will, does that stop them from contesting it?"
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What makes a Will valid in NSW?
Learn if your NSW Will complies with the formal legal requirements and be considered valid Will, and what specific conditions need to met to achieve this.
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Who is entitled to see a Will in NSW?
In New South Wales, the right to access/view a deceased person's Will is governed by the Succession Act 2006 (NSW). This legislation outlines who is entitled to inspect or obtain a copy of a Will after the testator's death.
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Defending a Will against a Family Provision Claim in New South Wales
In New South Wales, the Succession Act 2006 (NSW) allows certain individuals to challenge a Will if they believe they have not been adequately provided for. These challenges, known as Family Provision Claims, can be emotionally taxing and legally complex.
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How long does probate take in NSW?
As executors are often new to the probate process, it’s a common for them to ask how long the probate process takes. In this blog, we look at timeframes, application requirements and what can cause delays.
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Who has the right to make decisions about a deceased's body?
Understanding who holds the legal right to make decisions about what happens to the body of a deceased person is essential for ensuring the deceased's wishes are respected and avoiding disputes during an already difficult time.
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Advantages of professional advice when making a Binding Death Benefit Nomination
When considering a Binding Death Benefit Nomination, professional advice can be valuable to ensure the nomination is valid, complies with relevant legislation, and fits within your broader financial and estate planning strategy.
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Can I sell property of a deceased estate before probate is granted?
If you're handling a deceased estate with real property in NSW, you can list the property for sale and even exchange contracts before probate, but formal property transfer needs to wait until probate is granted. The contract must stipulate settlement subject to probate.
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Executor duties when dealing with property of a deceased estate
In NSW, an executor of an estate has several responsibilities when handling the real estate of the deceased. Beyond simply selling the property, they must carefully manage it to protect its value and comply with the legal requirements imposed on them as the executor.
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How can I stop my kids from challenging my Will?
Contemplating leaving a child out of your Will is a common issue that arises in families, particularly where one or more of the children are seen as the “black sheep”. In very general terms, kids might challenge the Will you make in three areas.
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Disclaiming an inheritance left to you in a Will
You may think that it is strange to consider not accepting a gift, whether it is under the terms of a Will or where there is no Will. But there can be very good reasons to disclaim an inheritance.
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