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Wills and Estates

Estranged Children Make Successful Claim Against Fathers Deceased Estate

Children Estranged From Their Father For 21 Years After Father’s Divorce Make Successful Claim Against His Deceased Estate In the recent Supreme Court decision in Poletti v Jones [2014] NSWSC 715 (4 June 2014) two daughters who were estranged from their father for 21 years after he divorced their mother successfully brought a family provisional […]

Family Law Wills and Estates April 23, 2015

Prospective Inheritances in Family Law Property Proceedings

This article deals with how the Court considers prospective inheritances when determining what adjustment to make to the legal and beneficial interest of the property of the parties to the relationship (“the parties’ property”). The article concentrates on prospective inheritances following the breakup of a marriage. The same principles apply when considering the adjustment to […]

Family Law Wills and Estates April 16, 2015

Release of Rights to Family Provision Claims

While an individual is free to leave their property as they see fit upon their death, Chapter 3 of the Succession Act 2006 (NSW) (‘the Act’) places a significant restriction on a testator’s testamentary freedom. The Act confers on certain individuals a statutory right to make family provision claims out of the testator’s estate, contrary […]

Wills and Estates March 25, 2015

Defence of Family Provision Claims

An executor (and an administrator in the case of intestacy) has a duty to defend family provision claims brought against the estate. In this article we look at what this involves in New South Wales. Family provision claims Certain people, including a spouse and a child of a deceased person, and a person who had […]

Wills and Estates February 17, 2015

Enduring Guardians

What is an Enduring Guardian? An enduring guardian is someone who is empowered to make decisions for you on a range of lifestyle issues such as: where you live (such as a specific nursing home, or your own home); the health care you receive; other personal services you receive (eg. podiatry, physiotherapy); and medical and […]

Family Law Wills and Estates February 16, 2015

Enduring Powers of Attorney in NSW

What is a Power of Attorney? A power of attorney is a document empowering a person (or persons)(“the attorney”) to act on behalf of another person (“the principal”) with respect to the principal’s assets, debts and financial affairs. Powers of attorney can be: General –         the attorney is able to do nearly all things the […]

Wills and Estates November 26, 2014

Can a person be left out of a Will?

Children of any age and other eligible persons (as defined under the Succession Act 2006) have the right to make a claim on an estate for provision (or more than they were left under the Will) for their maintenance, education and advancement in life. This is known as a family provision claim. One of the […]

Family Law Wills and Estates November 24, 2014

The Short Lives Of Testamentary And Family Trusts

Trusts, which are colloquially known as “testamentary” or “family trusts” have one thing in common. That is that the Trustee can pick and choose from within a wide group of beneficiaries how to distribute the trust income and capital from time to time. This provides significant opportunity for a reduction of various taxes, protection from […]

Family Law Wills and Estates August 1, 2011

Inheritances: What happens when a relationship breaks down?

When couples separate, they typically need to sort out how to divide their property.  This includes both assets and debts.  There are a number of ways this can be done.  Parties can agree on how to divide their property without any court involvement.  These kinds of agreements can be formalised by the court by applying […]

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