The Court requires proof of death before allowing a person to manage their assets.  In a recent case, of Estate of Lyn Burtonwood [2020] NSWSC 715 tragically a man went swimming in the…

Are you the trustee of a discretionary trust or a family trust? If so, do you know who is the appointor of the trust? An appointor of a trust is…

Do you have a complicated Will but need to make a minor amendment? A Codicil is a simple way to amend a complex Will. A Codicil and your Will will…

A widow with no immediate family left a significant gift in her Will to the Shrine of Saint Anthony of Padua Capuchin Friars Minor Hawthorn - Melbourne Victoria.” Unfortunately, this was…

It is important to have a Will which reflects the Willmaker’s wishes.  The law says that a person is entitled to leave his or her assets to whomever he or…

Life expectancy is increasing.  However, it does not follow that simply because the person is living that he or she has the mental capacity to make a Will.  The decision…

A will-maker must have legal capacity to make a Will.  Much of the legal test is easy to apply but the difficult part of the test is to judge whether…

When reviewing your Will, it is important to consider what happens to your estate if you and your primary beneficiaries all predecease you. Your Will sets out who receives your…

Judge Hallen in Harris v Carter [2020] NSWSC 196 found that a 14 year old  High School student had received sufficient provision from his father’s death when he inherited funds from his father’s…

In Bailey v Palombo[2020] NSWSC 1209  A man died unexpectedly at the age of 55 years with net assets of about $3.5m and no Will was found.  A dispute arose as to…

Do you have a discretionary trust or a testamentary trust which has acquired or may acquire residential land? If so, this may apply to you.  If you own, have purchased…

January is the month for planning and organisation. New Year’s resolutions have been made and you are now planning for the rest of the year. Now is the time to…

Did you make a Will years ago when a particular life event happened or you were going travelling? Perhaps you have forgotten what is in your Will? If you are…

When a couple decides to each make a Will, it is not unusual for them to have a discussion and decide what will be the terms of the Wills.  They…

I have previously explained the difference between Mirror Wills and Mutual Wills.  If a couple intend that their Wills be Mutual Wills (ie that the survivor will not change his…