Succession law explained
A friend of mine recently separated and is sharing custody of their son - she doesn't have a will. I gave her a look and she rolled her eyes stating she knew it was important to have a will, but it didn't matter much because she doesn't have any assets. I asked about her son …
Continue reading "If you have children you need a Will"
Statistics show that about 50% of Australians do not have a will. There are a number of different reasons why this is the case including a common misconception that if you die without a will, your family will be able to make sure that your wishes are carried out If you die without a Will …
In this day and age with divorce, remarriage, blended families, and domestic relationships, the need to have a Will to enable you to distribute your estate as you see fit, is more important than ever. Notwithstanding the avoidance of more onerous administrative work and anxiety placed on family members at a difficult time if you …
A friend of mine called me the other day to ask who could bring a claim in a family provision action. So who is an "Eligible Person ” under the act? (a) a person who was the wife or husband of the deceased person at the time of the deceased person's death, (b) a person …
When Mr. and Mrs. Winston died aged 85 and 88 at their home it wasn't clear who died first. In some jurisdictions where this occurs the elder is deemed to have died first. Mr. Winston's Will left everything to his wife if she survived him but if she did not he left his estate of …
A recent judgment reconfirmed the relevance of the 19th century rule regarding wills made in 'suspicious circumstances'. In previous posts we have discussed Testamentary capacity – which is the ability of a person to make a valid will. The test for Testamentary capacity was propounded in 1870 in the case of Banks v Goodfellow; the will-maker …
Stanley Henry Kilby, and his wife Beryl had two children, Gail and Ross. Stanley died in 1978 survived by his wife Beryl who died in August 2000. The principal asset of Stanley’s estate was a house in Caringbah (“the Caringbah property”). Stanley made a Will in 1967 naming Ronald Caldwell his executor. Stanley’s Will gave …
In Rogue One the most surprising performances is from an actor who died in 1994. Peter Cushing has been recreated via CGI and plays a pivotal role in the film reprising Grand Moff Tarkin from the 1977 film A New Hope. Cushing is mainly known for his many appearances in Hammer Films, in which he …
As those of you who read this regularly know my intention is to increase the number of people that have Wills – some people tell me that I’m crazy! It certainly helps. The reality is that it is about changing people's perception of a Will As I have posted before – and in the not …
In 2016 many famous people have died. Those of you who read this blog regularly would be aware that its overarching theme is about the perils of not planning for your future. Wills, advance care directives, powers of attorney, superannuation, life insurance, income protection insurance in order to provide for you and your loved ones in the …