Blog - Wills Estates Probate Lawyers

Suspicious circumstances surrounding a will – what are the odds?

I am often approached with matters which involve a deceased person having changed their will suddenly before their passing. A claim of suspicious circumstances surrounding the execution of a will…

SMSF Succession Planning

I recently read the case Ioppolo v Conti [2015] WASCA 45 with interest. This case addresses a number of issues which need to be taken into consideration when devising a…

Family Provision Claims – How much is enough in the context of a large estate?

On 26 February 2015, the Western Australia Supreme Court handed down a significant and reinforcing judgement in the context of family provision claims in large estates. What were the facts?…

Statutory Will – RKC v JNS [2014] QSC 313

On 17 December 2014, Justice Philippides of the Supreme Court of Queensland, in RKC v JNS [2014] QSC 313, authorised a statutory will on behalf of a minor pursuant to…

Can my partner’s lover claim against my partners estate?

In a recent case, in the New South Wales Court of Appreal, Ashton v Pratt [2015] NSWCA 12, a dispute arose over whether the mistress, Ms Ashton, could make a…

Can my attorney access my Will?

Recently, an enquirer contacted me to ask if they could access their mother’s Will, as they were acting as her attorney under an Enduring Power of Attorney. An Enduring Power…

Rea Costello (deceased) [2014] SASC 134 – Avoiding uncertainty when preparing a Will

I often find that clients have trouble choosing whom to appoint as their Executor in their Will. There seems to be a perception that when appointing an Executor, the Willmaker…

Ownership of property in estate planning – why does it matter?

When taking instructions for preparation of Wills, I often find that clients want to give their house/property as a gift to a certain beneficiary. While this can be a noble…

What are the requirements for receiving a distribution from an estate?

I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are for beneficiaries to receive a…

Does an Executor have to conduct a “reading of the Will”?

I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are…

Will an applicant be awarded costs if their claim for further provision from an estate is unsuccessful?

I often have clients asking me if their costs for bringing a family provision application will be paid from the estate if their claim is unsuccessful. I have previously written…

Laing v Laing [2014] QSC 194 – To bury or to be cremated?

I have previously written about the tension that can occur when there are disagreements over whether, and where, a deceased person should be buried. In a new case, a dispute…