Posts Categorized: Wills and Estate Planning

Altering your Will on the way to the Altar

Recently, the Supreme Court had to consider what a Will ‘made in contemplation of marriage’ means. The Case Re Estate Grant, Deceased [2018] NSWSC 1031 Click this link to view the whole judgement: The Facts The deceased was married to his first wife between 1989 to November 2013. The deceased had two biological children, and became a doting step-father to his first wife’s children. The deceased began an on/off extra-marital relationship with a co-worker, with whom he officially commenced a de facto relationship after he separated from his first […]

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When does the State get your Estate?

If I don’t make a Will, who inherits my estate? When someone passes away, the first step your lawyer should take is to check if there is a Will. Your lawyer will normally check the deceased’s paperwork, banks, NSW Trustee and Guardian, and all lawyers in the area. If no Will is found from those enquiries you can normally form the conclusion that the deceased died intestate – that is, without a Will. There is a common misconception that if you die without a Will, your estate will go to […]

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What happens to your super when you die?

  Did you know the provisions in your Will do not necessarily determine where the proceeds of your superannuation go? A recent case highlighted the importance of ensuring your testamentary intentions are properly documented for your superannuation. The Case The deceased’s girlfriend, who he had been living with for 9 months before he died, was awarded the vast majority of his superannuation ($352,170), leaving his two young daughters with less than one quarter of his superannuation ($49,664 each). The Law In a nutshell, your estate will be separated into two […]

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Making a Will? Your Solicitor puts your needs first.

Robert Badenach & Anor v Roger Wayne Calvert [2016] HCA 18 On 11 May 2016, the High Court of Australia held that a solicitor did not owe a duty of care to a beneficiary under a Will to advise the testator (person making the Will) of the options available to avoid exposing their estate to a claim under the Testator’s Family Maintenance Act 1912 (Tas). The Circumstances of the Case Mr Doddridge instructed a solicitor to prepare a Will leaving the whole of his estate to the son of his […]

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What is Probate?

What is a Grant of Probate? Probate is the proving of a Will in the Supreme Court of the appropriate State or Territory. It is the process by which the Court determines if the Will is valid. The Grant of Probate is the certificate issued by the Supreme Court which names the Executor and confirms that the Will is the last known Will of the deceased. Once Probate is issued the Executor (also known as the Legal Personal Representative) has the authority to administer the assets of the deceased’s estate […]

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Estate Administration

The importance of Estate Administration

As an Executor, managing Estate Administration can be time consuming and complex. It’s important you understand your obligations. Estate Planning Estate planning involves identifying your assets, including any superannuation and insurance, identifying any potential risks that need to be accommodated for, and working with your lawyer to create or update a flexible plan tailored to your circumstances. Duffy Elliott Legal have expertise in creating legal Wills, Powers of Attorney and Enduring Guardianship documents, including setting up testamentary trusts. Our firm boasts an understanding of rural issues that may affect your […]

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