So, you have been named as a beneficiary in a loved one’s Will who has recently died, or you are entitled to receive a share of the estate pursuant to …
What happens to property when two or more persons die at the same time?
In a situation where two or more persons die simultaneously in an accident or under similar circumstances, the order of their deaths may be critical in determining who is to …
What is a testamentary trust?
A testamentary trust is a trust created by your will after you die and involves leaving some or all of whatever assets remain in your name, as at the date …
New Year’s Resolution: Draft A Will
Having an estate plan, with a well crafted Will at its core, is a must for anyone holding assets. If a person dies without a Will the chances of disputes amongst surviving …
Challenging a Will
You may have heard of “war stories” of Wills being challenged. Occasionally a Will is challenged because the person making the Will (“Testator”) was “forced” or coerced to sign over …
A piece of history – challenging the provisions of a will
The possibility of challenging the provisions of a Will have now been available in New South Wales for 100 years! In Roman times persons could bring a querela inofficiosi testament …
Foulsham & Geddes successfully defends claim against late solicitor’s estate – Amprimo v Wynn
Foulsham & Geddes recently defended a family provision claim against a deceased estate, all the way to the NSW Supreme Court of Appeal in Amprimo v Wynn [2015] NSWCA 286 (click …
Is your Will really your last word?
Some of you may have seen recently the SBS Insight program, where the presenter, Jenny Brockie, investigated issues relating to the apparent every increasing preponderance of siblings to challenge their parents’ Wills. …
Current Provisions for Residential Care Facilities Fees
Please see below a note prepared by Sue Field who is an Adjunct Fellow, Casual Academic and Casual General at the Dean’s Unit – School of Law, at the University …
What is an Enduring Power of Attorney?
An explanation of ‘What is a Power of Attorney’ is set out here. A ‘Power of Attorney’ is a document you can sign to appoint another person (called your attorney) …