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Category: Deceased Estates


How can I stop my kids from challenging my Will?

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

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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What can be done if the original Will is missing or lost?

What can be done if the original Will is missing or lost?

We have recently received a number of queries where the original Will of the deceased is missing or lost. It may be that a copy of the Will has been found but not the original document. The question then is what to do and whether a Grant of Probate can still be made where only a copy of the Will is located.
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When do you have to get a Grant of Probate?

When do you have to get a Grant of Probate?

Often, when getting started with the administration of a deceased estate, the focus is to work towards preparing a Grant of Probate. But, is it always necessary to obtain a Grant of Probate? The answer is, often, but not always.
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Can I stop my children receiving inheritance at 18?

Can I stop my children receiving inheritance at 18?

This blog looks at two options for delaying the age at which your children receive a share of your estate. The first is to “take a risk’ and second is to create a Discretionary Trust.
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Can I donate my body, organs or tissue upon my death?

Can I donate my body, organs or tissue upon my death?

In this article, we address common questions related to organ and tissue donation after death, together with how body donor programs work.
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Risks and dangers of DIY probate

Risks of DIY probate

We explore the risks and dangers of DIY probate after the death of a loved one including significant delays, frustration, and usually inevitably, further costs.
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How does a discretionary trust work in relation to my Will?

Is my family or discretionary trust included in my estate?

If you have assets in a family or discretionary trust or you’re looking to create a family or discretionary trust, then the way the trust would be dealt with under your Will or estate should be considered.
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Benefits of a binding death benefit nomination in superannuation

Should I make a superannuation Binding Death Benefit Nomination?

If you complete a Binding Death Benefit Nomination, the proceeds of superannuation should be paid in accordance with the nomination and not be part of the assets of your estate.
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All you need to know about executor’s commission options

Does an executor of a Will get paid?

Depending on the size of the estate, the duties of an executor can range from relatively straightforward through to somewhat complex. This leads us to the question, “does an executor get paid for administering a deceased estate?”
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Electronic witnessing of legal documents is here to stay in NSW

Electronic witnessing of legal documents is here to stay

The remote witnessing of important legal documents such as Wills, Statutory Declarations and Affidavits over audio-visual link technology is now here to stay in NSW!
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The benefits and conditions in setting up a life estate/life interest.

What is a life estate or life interest in a Will?

A life estate is a term used to describe a type of “ownership” or use of property (or other assets) for the duration of a person’s life. It is commonly referred to as a life interest.
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