A person who makes a Will must have testamentary capacity. This means the person understands the nature and effect of making a Will and understands what they own and who can claim on their estate. Wills can be challenged and ‘struck out’ if a person did not have...Read More
Many clients who we assist with their estate planning have involvement in a Trust. When the Trust is established, it comes with a ‘rule book’ known as the Trust Deed. The rule book sets out important matters such as the Trustee, the Beneficiaries, distribution of...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
