Archive | Wills & Estates

Who Can Challenge a Will?

Who can challenge a will? One of the biggest fears a person has when making a will, is the fear of someone challenging it. Wills can be challenged for the following reasons: The will is not a valid document. The testator (the person making the will), was forced into signing the document. The testator did […]

Continue Reading »

What is Probate and when do you need it?

Probate is not a death duty or death tax. It is an order from the Supreme Court of NSW confirming that the last will of the deceased person is valid. Probate allows the executor to collect the assets and distribute them the way the deceased person wanted. Probate is not needed every time somebody dies. […]

Continue Reading »

Your Will

Where is it? Where should you keep your will? Keep your will in a safe place. It is preferable not to keep the will yourself in case it is mislaid. If the will is mislaid, it may be presumed to have been revoked. We hold wills on behalf of clients, at no charge. You should […]

Continue Reading »

Losing Out on Land Tax Threshold

A businessman with a family discretionary trust also had a block of land on the coast and plans to redevelop it. He inherited the property, worth about $1.5 million, from his parents and it had been in his name for some years. He also held a share portfolio in his family discretionary trust and decided […]

Continue Reading »

Wills – Can I Change My Mind?

You are free to alter your will at any time. If your circumstances change, you can and should consider changing your will. If you marry it is very important that you make a new will. However, you cannot simply make an alteration by, for instance, crossing something out in the original will and writing in […]

Continue Reading »