Wills, Estates & Trusts

Practice area

Wills, Estates & Trusts

Articles, case notes and commentary from the Mullane & Lindsay team.

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Online Probate Application System Launching Soon…

From 1 August 2023, uncontested probate and administration applications in NSW will be moving online. The key changes to be implemented are as follows:- A notice of an intended application…
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Revoking a Will

Usually when the terms of a Will are no longer what the Will maker would like, he or she makes a new Will.  The new Will revokes the previous Will. …
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Wills- be careful about cutting children out

Parents often worry that a child with a drug addiction will squander any money gifted to them preferring to leave the child out of their Will or to reduce the…
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Divorce….. does it affect my Will?

The divorce of a Will maker or the annulment of his or her marriage revokes the entitlement of the Will maker’s former spouse under the terms of a Will in…
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Discretionary Trust - the role of the Appointor

The Trustee of a Discretionary Trust (subject to the rules of the Trust) determines which beneficiaries of the Trust receive benefits under the terms of the Trust.  The Trustee can…
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Who gets your Superannuation?

When a person dies with superannuation, any remaining amount is paid by the Trustee of the superannuation fund at its discretion unless the member of the fund has filed a…
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Making a Will in your senior years

Disputes between siblings about their inheritance are commonplace.  As a parent and a senior citizen you may be keen to reduce the likelihood of a dispute as best you can.…
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Mum is having a senior’s moment

Mum cannot make a Will if she lacks legal capacity. A person must be able to understand the nature and effect of the document they are signing.  Unfortunately, dementia and…
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When life is not super

Most people will not be thinking about superannuation when a family member is diagnosed with a terminal illness.  Super can be withdrawn if a condition of release is met.  Conditions…
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Two grandsons successfully claim against their grandfathers Will

In a recent NSW Supreme Court decision (Curtis v Curtis [2023] NSW SC 1164), two grandsons brought family provision claims against their grandfather’s estate. The grandsons were brothers, and both…
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What is Probate?

What is Probate? When is it required? When a person dies with assets in his or her sole name, an application for a grant of Probate may be required to…
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Can an Adopted Child Contest a Will?

Section 57(1) of the Succession Act 2006 lists persons who are eligible to make application for provision (or additional provision) in respect of the estate of a deceased person.  One…
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Separating? Are you a joint tenant?

If you are separating from a spouse or partner, and you jointly own property together as joint tenants, you may consider severing this joint tenancy. The reason:  on the death…
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What Happens to the Ashes?

Under section 109 of the Public Health Regulation 2022 the cremation authority must either: give the cremated remains to the applicant; or dispose of the cremated remains in a burial…
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When Will a Statutory Demand be Set Aside?

The Supreme Court of New South Wales recently considered a case where the plaintiff, TZI Australia Pty Limited, applied to set aside a Statutory Demand served by the defendant, Black…
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Land Tax

Land tax is payable by the owner of a property when that property is not the person’s principal place of residence and the unimproved capital value of the property is…
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Reducing Land Tax

It is not unusual for a couple to purchase an investment property or holiday home jointly.  If the unimproved value of the property is under $1,075,000 and if it is…
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Executor’s Commission

The role of an executor is often considered ‘a thankless task’.  There is no doubt that time and effort is usually involved with the administration of an estate.  The executor…
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Role of an Executor

An executor is the person appointed in a Will to carry out the instructions of the willmaker and administer the estate in accordance with the terms of the Will in…
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Removing an Executor - a Recent Case Study

In the Victorian Supreme Court case of Jortikka v Haukka [2023] VSC 20, Ms Haukka was appointed co-executor with her sister for their late mother’s estate. The finalisation of the…

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