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The very recent case of Moore v Aubusson [2020] NSWSC 1466 illustrates the dangers of not making your testamentary plans clear and in writing during your lifetime. It was found that a verbal promise made by Ms Barbara Murphy (deceased) to her neighbours prior to her death substantially supplanted the contents of her Will. The promise resulted in the transfer of two properties on Louisa [...]
Generally, an unsuccessful party who commences or contests litigation generally pays the successful party's costs. When a claim is made against an estate there can be significant money expended which would otherwise flow to beneficiaries. When making wills or when administrating an estate every care should be taken to prevent estate assets being consumed in legal disputes. Recent decisions handed down by the Supreme Court [...]
What is a Succession Act Claim? A Succession Act Claim is a claim bought against a deceased person's estate pursuant to the Succession Act 2006 (the Act). They are claims initiated by eligible persons who feel they have been unfairly left out of, or inadequately provided for under, the will of a deceased person. The Act gives a Court the power to make a provision [...]
Most people are aware that when someone passes away their remaining assets, including money, real estate and personal property are distributed in accordance with their Will. However, many people do not understand what Probate is or when it is needed. A Grant of Probate authorises an executor to collect the deceased's assets, pay any outstanding debts and distribute the remaining assets to the beneficiaries under [...]
Estate planning is more than just making a simple Will. It is the process of working out the best structure for your personal and financial affairs during your lifetime. It also covers how your personal possessions and financial assets will be distributed after you die. A good estate plan will allow you to: Preserve your wealth during your lifetime. Generate wealth in a flexible and [...]
Many families with elderly relatives are reviewing the available aged care services and deciding to care for their parents or elderly relatives in their home. This can be a great solution for both parties. The homeowners often receive cash or assets in exchange for care and creating a dedicated area of their home. It’s a good solution for the elderly relatives because they receive care [...]
A Will is a written statement of the way in which a person wishes to have his or her property distributed after their passing. Anyone over the age of 18 years who has the necessary capacity may make a Will. Following the passing of the Marriage Amendment (Definition and Religious Freedoms) Bill 2017, marriage is now defined under the Marriage Act as "the union of 2 people to the [...]
Estate planning and considering what will happen after you die or become incapacitated can be a difficult subject to address. However, many people find it comforting to know that should the worst happen, their wishes will legally be implemented. Planning your estate involves preparing documents that contain directions about how you want your assets to be divided up when you die (a Will), directions regarding [...]
In one recent case, a company director came under scrutiny after he failed to correctly arrange signatures for the purchase of property on behalf of De Chellis Homes Pty Ltd. The contract execution page for the purchaser (De Chellis Home Pty Ltd) was marked “in accordance with section 127 (1) of the Corporations Act 2001” whereby it is necessary for two or more directors and [...]
New Home Building Laws in NSW - What you need to know January 2015 saw changes in NSW law that govern the building of new homes, unlicensed construction work and small construction projects. In an effort to address issues with unscrupulous builders, it seems that some new problems may have been created. Here we discuss these changes and the potential traps for builders and homeowners. [...]
