How to Avoid Unnecessary Death Duties

Your Testamentary Trust Will and Surcharge Duty and Tax The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”) was assented to on 24 June 2020. The Act has implications for the trustees of Testamentary Trust Wills. The Act provides that if a Trustee of a Discretionary Trust (including testamentary trusts) is taken to be a … Read more

Estranged adult son’s claim for provision from father’s $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.

The client was the Executor of her father’s Estate (“the Client“). Under the terms of her father’s Will, she was appointed as the Trustee of a testamentary trust that conferred upon her a discretionary power to control and distribute an Estate valued at approximately $3.5 – $4 million. Of particular value was a number of … Read more

Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

The client was the Executor of his mother’s Estate (“the Client“). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will“). At the time that the Will was made, the Client’s mother (“the Deceased“) intended that her Estate would go to the Client and his … Read more

Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.

The client was the de facto partner of the Deceased (“the Client“). She sought a Family Provision Order on the basis that she had not been provided for in any way in the will of the Deceased. The Deceased died unexpectedly as a result of an accident, and left a Will in which he appointed … Read more

Estate Planning & COVID-19: Have your parents got you covered?

COVID-19 is already affecting Small Businesses and Employees in many industries and is also a major risk for the elderly. What will happen if you lose your parents to the Coronavirus at a time when you are facing bankruptcy or financial hardship? Your parents’ Will could protect your inheritance from creditors, banks and even Bankruptcy. … Read more

Former Spouses & Family Feuds: What happens when you die without a Will.

These days everyone seems to be affected by family breakdown in some way or another. With families becoming increasingly complex everyone should have a Will – even the young and invincible! Have you ever considered in whose hands your hard-earned wealth will end up if you die without a Will? In New South Wales the … Read more

Blended Family Will Disputes, recent Supreme Court decision provides fresh insight

Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person … Read more

How to Bulletproof a Will from Family Provision Claims

Recently SBS Insight addressed the topic of “Making a Will”.  The programme explored how the family provision laws under the Succession Act 2006 (NSW) enables a Court to effectively rewrite a person’s Will where it is found that an inadequate provision has been made for an eligible person. Two (2) of the guests that were … Read more

Generation Planning: Protect Your Inheritance – Simple Legal Solutions

Sue is married with two (2) adult children and a grandchild on the way. Sue operates a small business as a sole trader. Sue is an only child and expects that she will soon receive a substantial inheritance from her elderly mother. Sue seeks legal advice as to what she should do to ensure her … Read more

Balancing Competing Interests of your Children and a Second Spouse in the Family Home

John and Jane are in their 60s and have been in a de facto relationship for 10 years. They have both been married previously and each have adult children from a previous relationship. John entered the relationship with significantly more assets than Jane, including the home they now live in. John wants to ensure that … Read more