What does the Supreme Court consider when an adult makes a claim for family provision from their parent’s estate where they have either been excluded from a Will, or left what they consider to be an inadequate inheritance? In any family provision claim, the role of the Court is not to achieve overall fairness in
DISINHERITED AND DISAPPOINTED? ESTATE CLAIMS BY ADULT CHILDREN Read More »
Often parties to a marriage or de facto relationship will receive an inheritance during the course of marriage or relationship, or following separation but prior to the parties completing a property settlement. In many instances the party receiving the inheritance will seek to quarantine the inheritance from the pool of assets subject to the property
INHERITANCE AND FAMILY LAW Read More »
Far too many people die without a valid Will. Studies suggest that at least 45% of people in Australia die without a valid Will. On top of that number there are many people who have a valid Will when they die but it is not up to date and it does not reflect their current
Do you have a valid and up to date Will? Read More »
There are a number of ways that a Will can be challenged: An eligible person can make a Family Provision claim under the Succession Act 2006 The validity of the Will can be challenged Family Provision claim An eligible person who believes that they have not been provided with adequate provision in a
Challenging a Will Read More »
A ‘Testamentary Trust’ is a trust established under a Will which only comes into existence after the death of the will maker. A testamentary trust is usually a discretionary trust which means that the Trustee has full discretion as to which beneficiaries receive income and/or capital from the trust and how much. The Trustee of
The use of Testamentary Trusts in Estate Planning Read More »
Last year, the Supreme Court of Western Australia awarded Olivia Mead, the 19 year old daughter of an iron ore magnate, the late Michael Wright, the astonishing cash sum of $25 million. The decision is currently under appeal and is likely to be heard by the Court of Appeal in early 2017. Ms Mead made
Will Your Will comes into force when you pass away and deals with the assets that you own at your date of death. Considerations include: Who is your Executor(s) and alternate Executor(s)? What assets do you own and how are they owned? Can they be left in your Will? At what age would you want
Estate Planning Documents and Considerations Read More »
