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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Life Insurance Denied Due to Failure to Disclose!
19 JANUARY 2021 , LITIGATION & DISPUTE RESOLUTION , PROBATE & DECEASED ESTATES , WILLS & ESTATE PLANNINGIn 2014 a man took out life insurance. He named his de facto partner as the beneficiary of the policy. In his application he had claimed to be a healthy individual who did not take drugs, and who lead a healthy lifestyle. The policy was for $2,625,000.00. 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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Have You Considered What Happens to Your Digital Assets after You Die?
25 AUGUST 2020 , WILLS & ESTATE PLANNING , PROBATE & DECEASED ESTATESAs digital assets continue to rise in popularity, the amount of people holding digital assets and dying without either telling others of the assets, or not providing enough information in order to access the assets, is dramatically on the rise 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?
26 NOVEMBER 2019 , PROBATE & DECEASED ESTATESDifficult disputes can arise when administering an estate requiring in depth legal advice that can be expensive! 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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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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Experiencing a Delay with a Retirement Village Accommodation Bond?
25 AUGUST 2016 , PROPERTY LAW & CONVEYANCING , PROBATE & DECEASED ESTATESIt is recommended you seek legal advice when dealing with retirement village contracts as the contract can be large with many conditions. Retirement Villages are subject to the Retirement Villages Act, but as long as a village complies with the Act it can decide on the details of its arrangements with its residents! Read more
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Does your Will work with your Superannuation? Binding Death Nomination's can be tricky seek out an Expert!
06 JUNE 2016 , WILLS & ESTATE PLANNING , PROBATE & DECEASED ESTATESWhen considering estate planning documents often clients think about keeping their wills and power of attorney's up to date but forget about making their superannuation work with their will and thus risk their wishes not being carried out. You must ensure that your superannuation death benefit ends up with the correct beneficiary or risk the Trustee ignoring your wishes! Read more
