Drafting a Will to Suit Blended Families
Drafting a Will can present a variety of challenges, especially if the person making the Will (the testator) is part of a blended family.
Drafting a Will can present a variety of challenges, especially if the person making the Will (the testator) is part of a blended family.
Broadly speaking, a valid Will is one that is in writing, signed by the Will-maker in the presence of two witnesses who have also signed the document.
Updating your Will is not generally a priority for people separating from the spouse.
The jurisdiction in which a person is domiciled when they die can have huge implications upon the distribution of their assets.
Whilst the law generally recognises a person’s right to have their Will honoured, Wills may be challenged through the Courts.
RMB Wills and Estates Lawyer GRACE KRAPEZ explains two common issues with Wills
If you are concerned about the validity of a Will, filing a Caveat with the Court can reduce the chances of Probate being granted before your concerns are dealt with.
RMB explains what a family provision claim is and how such claims are made.
Disputes between executors of a Will and beneficiaries are uncommon, but they sadly can arise. RMB Wills and Estates Lawyer PAUL ELL explains the steps to remove an executor.
A Probate Caveat can be an effective tool to prevent the granting of Probate on a disputed Will, but you will need expert advice.
There are both formal and mental elements required to make a valid Will. But the Court has discretion to approve an informal Will.
Executors of estates, particularly those who are not direct beneficiaries of the estate, can now apply for a commission for their work.
Australian Baby Boomers hold approximately $2.3 trillion worth of assets which, over the next 10 – 20 years, will be subject to an intergenerational transfer.
As we sail through life’s journey, preparing for life’s unexpected turns and the final destination is as crucial as planning the voyage itself.
It is common for disputes to arise between executors, administrators and beneficiaries during the course of administrating an estate, sometimes with disastrous results.
When you make a Will, you will choose someone to be your executor – the person in charge of distributing your estate to the correct beneficiaries after you pass away.
Sibling rivalry is normal in every family. While most grow out of it, some never do and carry their resentments into their adult lives.
While an estate’s executor is the person most involved in an estate’s administration, this does not mean they can leave the people who stand to benefit from the estate assets (beneficiaries) in the dark throughout this process.
You can do whatever you want in your Will, but it is important to understand that your Will will not work smoothly if your assets are not held correctly.
When a person dies and has left a will, they will have appointed an executor to oversee the distribution of their assets and make sure that the conditions of the will are met.