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

In New South Wales, disputes regarding the validity of a Will made by a person with dementia are common. In order to make a valid will, the person making the Will must have sound mind, memory and understanding at the time it is made. This includes having testamentary capacity — that is — the mental

A person may be named as both the executor and a beneficiary. It is important, however, that the person understand the differences in the roles to ensure they comply with their obligations as executor and avoid conflicts of interest which may detriment other beneficiaries.  Introduction to the Roles of Executor and Beneficiary The executor is

A testamentary trust is a trust that is created by a Will and comes into effect upon the death of the testator. Understanding when and how a testamentary trust may be challenged or contested is crucial for beneficiaries who feel that the trust is not valid, has been wrongly established, or does not reflect the

In NSW, the success rate of contesting a Will (otherwise known as a family provision claim) depends on the facts and circumstances of the particular case. Each case is unique and different. Understanding the Basics of Contesting a Will in NSW In NSW, a person may contest the will of a deceased person if they

In New South Wales, a Mutual Will is where two people make Wills in substantially identical terms where there is a legally binding obligation between the two that neither party will revoke their Will without the consent or notice to the other. A common example of a Mutual Will is where two people agree to

In New South Wales, the role of an executor is to administer and distribute the deceased’s estate in accordance with the terms of the Will. While the executor must ordinarily distribute the deceased estate in accordance with the terms of the Will, certain circumstances may arise which vary the terms of the Will. Understanding the

In New South Wales, it is possible to contest a Will or challenge a Will after probate has been granted, though the timing of a claim can impact the success and the likelihood of recovering assets. It is important to understand the difference between contesting a Will or challenging a will when considering timing. Someone who