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What if my proposed executor lives overseas?

What if my proposed executor lives overseas?

It is often the case that executors live far and wide and that is usually not an issue in estate administration. Care must, however, be taken before appointing an overseas resident to be the sole executor of an Australian estate. An estate is a trust. The residency...Read More
Is my “Homemade Will” enough?

Is my “Homemade Will” enough?

This is the fifth in our series answering common questions about Estate and Probate disputes. I am often asked whether a “Homemade Will” is sufficient and whether it will “do the job”. It is a question that both troubles and intrigues me. If: you prepare it correctly;...Read More
Do I need to get Probate?

Do I need to get Probate?

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
The Will’s not valid!!!

The Will’s not valid!!!

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

Have you been left out of a Will?

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