Blog
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Inheritance Lost Because of No Binding Death Benefit Nomination!
06 APRIL 2021 , ESTATE DISPUTES , CONTESTING A WILL , PROBATE & DECEASED ESTATESIn 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
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When a Secret Lover Appears after Death, What Can They Claim?
08 DECEMBER 2020 , WILLS & ESTATE PLANNING , CONTESTING A WILL , ESTATE DISPUTES , PROBATE & DECEASED ESTATESIn 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
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Choose the Executor of Your Will Wisely!
01 SEPTEMBER 2020 , WILLS & ESTATE PLANNING , ESTATE DISPUTESIn a recent case a father had two sons and no other family. The father made a will naming the older son as his executor. The will said that the estate was to be divided equally between the two sons. Read more
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Will Making Capacity is Not Black and White!
04 AUGUST 2020 , CONTESTING A WILL , WILLS & ESTATE PLANNING , PROBATE & DECEASED ESTATES , ESTATE DISPUTESA 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
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Will Your Executor Do the Right Thing?
11 MARCH 2019 , CONTESTING A WILL , LITIGATION & DISPUTE RESOLUTION , ESTATE DISPUTESDifficult disputes can arise when administering an estate, your choice of executors could be key to avoiding a will challenge. Read more
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What You Didn't Know About No Win, No Fee Agreements
07 SEPTEMBER 2018 , CONTESTING A WILL , LITIGATION & DISPUTE RESOLUTION , ESTATE DISPUTESEven 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
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A Parent’s Obligation Is To Their Children: Grandchildren Must Exercise Patience!
13 SEPTEMBER 2017 , ESTATE DISPUTES , CONTESTING A WILL , PROBATE & DECEASED ESTATESGrandparents 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
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Ensuring Your Wishes Are Carried Out The Way You Want!
05 DECEMBER 2016 , ESTATE DISPUTES , WILLS & ESTATE PLANNING , CONTESTING A WILLWhat 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
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Mother Cuts Daughters From Will...But Court Disagrees!!
27 OCTOBER 2016 , CONTESTING A WILL , ESTATE DISPUTES , PROBATE & DECEASED ESTATESA 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
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Was a Will made in Suspicious Circumstances?
26 MAY 2016 , ESTATE DISPUTES , CONTESTING A WILL , PROBATE & DECEASED ESTATESAre you a beneficiary of a Will? Do you think there are suspicious circumstances surrounding the Will’s preparation? This article talks about what circumstances are deemed suspicious by the court and how you can avoid an invalid Will.. Read more
