Making a claim against the estate of a grandparent

The last 30 years have seen a significant shift in the role of grandparents. In the past, many grandparents were avid spectators, whereas today, more grandparents have an active role in their grandchildren's lives.[1] The Austr...

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Understanding a Will: A Comprehensive Guide

If you’re at a stage in your life where you feel you need to write up your Will, then here’s everything you might need to know about completing one. What is a Will? A Will is a person’s last will and testament; a legal doc...

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Property Gifted in Will Sold Prior to Death

Every so often a Will maker leaves a specific gift in their Will and at the time of death it is no longer owned by the Will maker. This specific gift fails for “ademption”. What is ademption? Ademption occurs when property (...

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When can an executor be passed over or removed?

There may be circumstances, where the executor's capacity and or their ability to administer the estate is in question. This may occur prior to an application being made for Probate of the Will or after Probate has been granted. ...

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The Dangers of Homemade Wills

Whether it's convenience or costs, people still continue to prepare their own wills. It might be buying a will kit or typing their own will at home, whatever method that is used there are risks in homemade wills. In Martin as E...

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High Court Ruling on SMSF Death Benefits

The recent High Court decision of Hill v Zuda Pty Ltd has provided clarity on whether self-managed super fund (SMSFs) can make binding death benefit nominations (BDBNs) last longer than 3 years. The High Court considered whethe...

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