Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and vests title to the estate’s assets in the named executor/s. This is the official process that enables the executor to legally deal with the deceased’s estate. As the legal personal representative of the […]
The perils of not making a Will
What do Michael Jackson, Abraham Lincoln, Picasso, Jimi Hendrix, Stieg Larsson and Robert Homes a Court all have in common? You would be forgiven for thinking, not much. But in fact they do—all six died intestate which means, they died without leaving a Will. Even the rich and famous can fail to plan ahead when […]
Making a Will if capacity is in question
It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will – provided you have capacity. In general terms a person will have the necessary […]
Why it’s a bad idea to write your own Will
It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create a Will for you seemingly without any legal expertise required. So, is it really a […]
Dealing with deceased estates – Executor duties
After a person dies someone has to look after the assets of that person and pay the person’s debts. Although the person is no longer here, his or her affairs must be finalised and the person to finalise the affairs is appointed by the Will of the deceased. Where a person is appointed by a […]
Testamentary Trusts
Testamentary trusts can be very effective estate planning tools to assist in providing for spouses, children and grandchildren, and are becoming increasingly popular as more people become aware of their advantages. A Testamentary Trust is any trust established under a will, but the term is usually used in the context of a discretionary family trust […]
Enduring Powers of Attorney explained
A lot of people have heard of a Power of Attorney however most do not fully appreciate the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document used to allow someone to handle your affairs in a variety […]
Top 6 Power of Attorney Questions
A Power of Attorney is a legal document that gives a trusted person, the legal authority to act for you, and to make legally binding decisions on your behalf. If you do not have a Power of Attorney then you should contact us and find out more. Below are 6 top questions dealing with Powers […]
Making Your Will Count – Healthy Will Checklist
It is important for everyone over 18 to have a Will to make sure their wishes are followed and their assets are distributed as they would want after they die. If you don’t have a Will your assets will be divided according to how the law dictates in the rules of intestacy, that is, […]