Succession law explained
Horst Marszalek died intestate in February 2018 aged 79 years. Horst had never married and had no children. His parents were dead and his closest surviving relatives were his brother, Reiner, who died in August 2018, and his nieces Ingeborg and Petra. Horst’s intestate estate would be distributed, 25% each to Ingeborg and Petra, and …
Continue reading "Family Provision claim by a close friend of an Intestate"
The Supreme Court may act on behalf of a person who lacks testamentary capacity in a situation where if a Statutory Will is not made, their estate will pass according to the laws of intestacy, which might not be appropriate in that particular case. The Court needs to be satisfied that ‘the proposed will … …
A is fourteen years old and lacks testamentary capacity. He was born with a rare congenital brain malformation treatment for which is the insertion of a cerebral shunt to drain fluid from the brain. At around two years’ of age, there was a malfunction with the shunt which led to A suffering a severe brain …
Millie Phillips (Millie) is a 90-year-old woman who had three children by her former husband; two daughters Sharonne and Lynette (who died in tragic circumstances some time ago) and a son Robert. Sharonne has one child Anthony, and Robert has five children. Millie whose estate is estimated to be worth approximately $90 million, suffered a …
Continue reading "Statutory Wills – on the grounds of lost capacity"
In England & Wales a Will must be witnessed by people in the ‘presence’ of the Will maker s9(c) of the Wills Act 1837(“the Act”) provides “the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time” I posted about a woman who went …
In New South Wales Section 6 of the Succession Act provides that a Will isn’t valid unless it is in writing and signed by the Will maker (or by some other person in the presence of and at their direction ), and the signature is made or acknowledged by the Will maker in the presence …
Continue reading "New South Wales, COVID19 & Remote Witnessing"
The extraordinary nature of the COVID19 global pandemic has motivated some people to either make or revise their wills to reflect their changed circumstances In order to comply with the legislative formalities in each jurisdiction, a will must be properly signed and witnessed. In Australia, each jurisdiction is slightly different but generally, the requirements for …
Almost 60% of adult Australians have made a will which is more favourable in comparison with the reported rates in the UK and the US. Although it has been reported that the likelihood of making a will increases with age (93% of Australians over 70 have a will) half of the population aged 40-49 have …
Philip Langan believing that he was having a heart attack while eating at McDonald's in Yorkton Saskatchewan quickly wrote “Ron Langan Dennis Langan Sharon Langan Landry Langan Philip W. Langan Marann Langan (Gust) Dallas Langan Split my property evenly, Dad Philip Langan" He later gave the note to his daughter Sharon who wasn’t with him …
Continue reading "Do you want fries with that?McDonald’s Napkin Holographic Will"
The Supreme Court of NSW generally prefers to have estates administered by somebody who is present in the jurisdiction, who is able to personally attend to their duties within the jurisdiction and, by reason of their presence in the jurisdiction, is amenable to court orders designed to enforce obligations attending a grant of probate or …