Blog

  • Can a Child, Unborn When the Parent Dies, Still Inherit?

    16 NOVEMBER 2021 WILLS & ESTATE PLANNING ESTATE DISPUTES PROBATE & DECEASED ESTATES

    In a recent case a husband and wife were trying to have children by IVF. Five embryos were produced. One of the embryos was successfully implanted and the wife gave birth to a child. The remaining four embryos were frozen. Read more

  • Will Your Executor Be Able to Find Your Assets?

    22 SEPTEMBER 2021 WILLS & ESTATE PLANNING ESTATE DISPUTES PROBATE & DECEASED ESTATES

    As our lives increasingly move to “online digital platforms”, it is becoming more important to help your executor access your “digital assets” after you die. Digital assets include social media accounts, shopping accounts, bank or investment account details, entertainment collections, gambling accounts, and the like. Read more

  • Inheritance Lost Because of No Binding Death Benefit Nomination!

    06 APRIL 2021 ESTATE DISPUTES CONTESTING A WILL PROBATE & DECEASED ESTATES

    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

  • When a Secret Lover Appears after Death, What Can They Claim?

    08 DECEMBER 2020 WILLS & ESTATE PLANNING CONTESTING A WILL ESTATE DISPUTES PROBATE & DECEASED ESTATES

    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

  • Choose the Executor of Your Will Wisely!

    01 SEPTEMBER 2020 WILLS & ESTATE PLANNING ESTATE DISPUTES

    In 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

  • Will Making Capacity is Not Black and White!

    04 AUGUST 2020 CONTESTING A WILL WILLS & ESTATE PLANNING PROBATE & DECEASED ESTATES ESTATE DISPUTES

    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

  • Will Your Executor Do the Right Thing?

    11 MARCH 2019 CONTESTING A WILL LITIGATION & DISPUTE RESOLUTION ESTATE DISPUTES

    Difficult disputes can arise when administering an estate, your choice of executors could be key to avoiding a will challenge. Read more

  • What You Didn't Know About No Win, No Fee Agreements

    07 SEPTEMBER 2018 CONTESTING A WILL LITIGATION & DISPUTE RESOLUTION ESTATE DISPUTES

    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

  • A Parent’s Obligation Is To Their Children: Grandchildren Must Exercise Patience!

    13 SEPTEMBER 2017 ESTATE DISPUTES CONTESTING A WILL PROBATE & DECEASED ESTATES

    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

  • Ensuring Your Wishes Are Carried Out The Way You Want!

    05 DECEMBER 2016 ESTATE DISPUTES WILLS & ESTATE PLANNING CONTESTING A WILL

    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