This is the fourth in our series answering common questions about Estate and Probate disputes. We are often asked about the need to obtain a Grant of Probate as part of the administration of a person’s estate. Typically, the decision to obtain a grant of probate is...Read More
This is the third in our series answering common questions about Estate and Probate disputes. It is a common feature of estate planning for a person to appoint someone to act for them in the event they lose capacity. This is typically done through an Enduring Power of...Read More
This is the second in our series answering common questions about Estate and Probate disputes. Challenging the validity of a Will is different to challenging a distribution under a Will – which was the topic of Part 1 in our series. A challenge to validity is...Read More
With the recent COVID19 scare involving Donald Trump, a lot of political commentary has centred around what would happen if he lost his mental capacity. Whilst that situation is covered by the United States Constitution, what about you? Who handles your affairs if you...Read More
Where the is smoke there is fire When selling property it is important to understand a Seller’s disclosure obligations with regard to safety switches and smoke alarms. Question Does a Seller need to accurately disclose the existence of smoke alarms and safety...Read More
This article is the first in our series answering common questions about Estate and Probate disputes. Q: Can I challenge a Will if I have been left out of it, or named in it but treated unfairly? A: Yes, but only if you’re a: Spouse – including a defacto and in some...Read More
The Supreme Court of New South Wales recently decided a claim made against the estate of Dr. William Garrett. Dr. Garrett was one of Australia’s most outstanding scientists. Among his many achievements, at just 31, he was instrumental in the development of ultrasound...Read More
In response to the COVID-19 pandemic, the Queensland Government has passed new regulations for signing Wills, Enduring Powers of Attorney and Advance Health Directives. The new regulations allow for the witnessing of documents via an audio visual link. Importantly,...Read More
The answer is – it depends. At the end of last year, the NSW Court of Appeal considered a Judge’s finding that an 85 yr old gentleman Mr Croft, who died in 2016 retained the required capacity to make his Will in 2013. Mr Croft suffered from hallucinations and...Read More
If you have made an Advance Health Directive (AHD), you may be familiar with the Review section at the back of the document. Many people may have not had a look at their AHD since it was made and for some people, this may be over ten years ago! There is a handy...Read More
