When a person dies without a valid will, they are said to have died intestate. In New South Wales, the Succession Act 2006 (NSW) sets out the rules for who inherits the assets of the intestate estate. Understanding the intestacy rules is crucial for ensuring that the intestate estate is distributed according to law. What […]

A deceased estate are the assets of the deceased person. A deceased estate is distributed in accordance with the terms of the will – or where there is no will (known as dying ‘intestate’) – under the rules of intestacy.  Components of a Deceased Estate Assets Included in a Deceased Estate Only assets owned by

Providing an unequal inheritance to one child can cause family conflict and resentment and often requires careful estate planning to manage the expectations of disappointed beneficiaries. This guide outlines effective strategies aimed at preserving family unity whilst best ensuring the deceased’s wishes are upheld. Foundations of Unequal Inheritance and Reasons behind it The reasons for

In New South Wales, an executor is a person named as executor in a valid will. The person named as executor has no power to act as executor until the person who made the will (known as the testator) has died.  Once the testator dies, the executor will have the right to apply for probate

In New South Wales, an executor has the right to administer the estate of a deceased person, including to call-in estate assets (including real estate) and subject to the terms of the will, to sell estate assets. Our clients often ask us whether an executor can sell property without the approval of all beneficiaries. The

In NSW, a person can only formally contest the fairness of a Will after the person who made a Will (known as the ‘testator’) has died. Our guide below summarises the legal framework for contesting a Will in NSW. Legal Framework for Contesting Wills in NSW Eligibility to Contest a Will In NSW, only a person

Contesting a will in New South Wales (otherwise known as a “family provision claim”) can be a complex and challenging process. Understanding and avoiding common mistakes can significantly improve your chances of a successful family provision claim. This guide highlights some of the most frequent mistakes made by claimants and offers practical advice on how

Understanding Your Eligibility to Dispute a Will In New South Wales, a person wishing to contest a will should first seek advice on their eligibility and relevant timeframes.  A person who contests a will – otherwise known as a ‘family provision claim’ – should first consider whether they are an ‘eligible person’. The categories of

Receiving an inheritance can affect your entitlement to Centrelink benefits, such as the Age Pension, Child Care Subsidy, Family Tax Benefit, Disability Support Pension, Carer Allowance, Carer Payment Austudy, JobSeeker, or Rent Assistance, because it can alter your income and assets profile. It’s important to understand how these changes can impact your eligibility and the

Whilst the role of an executor is generally considered to be a gratuitous role, meaning, it is performed without the expectation of payment, there are several ways an executor may receive payment from a deceased estate. The first is if the Will contains a professional charging clause allowing an executor who operates a profession to