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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...
Will Contests and Estate Disputes – an Overview
In Australia, there are legal avenues available to individuals who wish to contest a will or challenge the distribution of an estate. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal...
How to Locate an Original Will
Losing a loved one is often an emotionally overwhelming experience, and amidst the grief, managing legal matters can add another layer of complexity. Yet it most often falls to those closest to the deceased to manage the administrative burden created by death. A...
Dying intestate – the perils of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give...
Granny Flat Interests – a Guide for Grannies and Homeowners
Traditionally, a “granny flat” is a small, secondary dwelling located on the same property lot as a primary residence. These homes were often used to allow an older person to live close to their family while maintaining some independence. Of course, a granny flat is...
The importance of estate planning before capacity becomes an issue
We should all plan for our future. Certainly, we should all have a current will, especially those of us who need to make special arrangements for the care of children or pets. Many of us would also benefit from making a formal arrangement to account for a time when we...
Have you been left out of a Will?
The loss of a family member is always a difficult time, but it can become more distressing to learn that you have not received adequate provision out of the family member’s Will or have been excluded from the Will altogether. Generally, a person may leave their assets...
What a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not...
Deceased Estates – What Happens When Executors Don’t Agree
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and...
The risks of being an executor – commissions and personal liability
Are you an executor of a Will? Before administering the estate, you should understand that this role involves risks such as personal liability for the expenses of administering the estate. You also should be aware that you may be entitled to commission for your ‘pains...