A Deed of Family Arrangement is a document used in the administration of an estate to change the way assets are distributed between beneficiaries.  As a result, an estate could be divided in a way which is different to the terms of the Will or where there is no Will,...

A codicil is a legal document which acts as an extension to your Will so that you can make minor changes or adjustments to your Will without having to rewrite the original. When is a codicil used? As mentioned above, codicils are used to make minor changes to a Will. ...

The end of financial year is only a couple of weeks away and while you may be getting together all of your pay slips, bank interest details and share dividend statements together for your accountant, it might be a good time to also create or review your estate plan....

A digital asset includes a wide variety of electronic records and files that are stored online, on mobile devices or on personal computers.  Essentially, any digital record that you keep is a digital asset and should be dealt with in your Will. Digital assets can...

To "intermeddle" (or interfere) in the administration of a deceased estate can include dealing with assets of a deceased person before a Grant of Probate has been received.  Should anyone, other than an executor appointed in a Will transfers, disposes of or otherwise...

In our recent article we discussed funeral arrangements and costs and how decisions regarding your funeral will be the responsibility of your legal personal representative, whether that be the executor appointed in your Will or the administrator of the estate (or...

After your death, your loved ones have many matters that need to be dealt with, one of which is your funeral arrangements.  Understandably, there can be differing opinions amongst family members as to what arrangements are to be made for your funeral.  So, who does...

Where a Will is poorly drafted to the point where the Will, or any part of it raises questions on the administration of the estate, it may be up to the Supreme Court (referred to as the Court of Construction) to determine how the Will should be construed. Examples of...

Many people are reluctant to think about making a Will as death is not a pleasant topic to consider, however making a Will or thinking about your estate is important to complete while you have the time and capacity to do so.  It is important to understand though, that...

If you need to manage the estate of a deceased loved one, it can be an overwhelming and stressful time. Not only are you having to deal with grief over their death, you have the responsibility of ensuring that their wishes are complied with. This can seem quite...

Your Will is a legal document which clearly sets out your intentions and wishes on how your estate is to be managed after your death. There are several legislative requirements that must be met in regards to making valid Will and in Victoria, these include: The...

We have said goodbye to 2021 and welcomed in 2022.  What are the resolutions you have made for this year… .a family holiday, a new home or maybe a new job?  Whatever they may be, we wish you every success in achieving them.  One thing that may be on the list of...

It is estimated that more than 40% of Australians do not have a Will.  Of those 40%, approximately half know that it is something that they should look into, however procrastination has prevented them from doing so. Your Will is a legal document which provides for how...

The world of Wills and Estates can be confusing so we have put together a list of common phrases you may come across when dealing with a Will, Estate Planning or in the administration of a deceased estate. Administrator A person appointed by the court to act as the...

If you feel as though you have been unfairly left out of a Will or have not received a share you think is adequate, you may be able to contest the Will. When making a Will, people have what is known as “freedom of testation”, which is the freedom to choose to whom...

US singer and entertainer Britney Spears has been in the news recently in regard to the management of her business and personal affairs, which have been in the hands of her father, Jamie Spears and lawyer, Andrew Wallet.  Mr Spears and Mr Wallet had been Britney’s...

In November 2020, Argentinian football icon, Diego Maradona died at the age of 60 leaving behind at least eight children to six different women, a portfolio of properties, image rights and an amphibious tank.  What can we learn though?  Maradona is reported to have...

Only old people need to have a Will. I am too young to write a Will. Both statements are fiction. There is a common misconception that millennials or Gen-Z’s don’t necessarily need a Will because they are still acquiring assets and don’t have that retirement nest-egg...

An Advanced Health Care Directive is an important part of an Estate Plan as it is a document which explains what type of medical care you wish to receive should you be incapable of understanding or making medical decision on your own behalf.  These can also be known...

“You were laughing while you destroyed your, and your sister’s, inheritance. Now, the world is laughing at you for your stupidity”….this is a comment made by County Court Judge Michael Cahill when sentencing two brothers for charges of theft and criminal damage after...