In a recent case, a husband and a wife had been married for nearly thirty years with four children. The husband owned a panel beating business and a range of commercial interests including the operation of tow trucks and considerable property holdings, all of which made him wealthy. The man died. His will left the entire $22 million estate to one of his sons. Nothing was left to his wife or other children. The beneficiary son obtained probate. Read more
In 2013 a woman died. She was the mother of a son who was bankrupt. Her will stated that the bankrupt son was to be the executor of her estate and the sole beneficiary. In addition to this, the mother had not made a Binding Death Benefit nomination for her superannuation. This meant that the payment of the superannuation would be decided by the trustees of the super fund. Read more
In 2018 a man died without a will. He had three children. He had separated from his wife eight years prior to his death. Despite separating, the two were not divorced. Not long after the man’s death, his family was shocked to find that their father had a secret lover who they had never met or heard of. She made a claim on their father’s estate. Read more
A father had six daughters. He made a will dividing his estate equally between the six of them. In 2013 he changed his will to give $40,000.00 to each of five of the daughters, and the rest of his $3,000,000.00 estate to his remaining daughter. Read more
Difficult disputes can arise when administering an estate, your choice of executors could be key to avoiding a will challenge. Read more
Even though a no win, no fee agreement may appear to have no downside it is possible that its terms may place you at odds with your lawyer or see you having to accept a settlement which is lower than you might have wished! Read more
Certain specified people are eligible to make a claim on an estate if they believe they have not been adequately provided for in the will, this can even include an ex-spouse! Read more
Grandparents generally do not have a responsibility to provide for grandchildren. So what happens when grandchildren try and bring a claim against their grandparent's estate? Read more
What if your most valuable belongings, like your house, did not go to who you intended? Things that may seem clear to us when we are writing a will may be uncertain to others later down the track! Read more
A parent is entitled to cut a child out of their will, particularly if there has been a serious break down in the relationship. However the reason behind the break down of the relationship can be reviewed by the court and adjustments in gifts can be made at the courts discretion. Read more