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Understanding the Impact of Inheritance on Centrelink Benefits

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

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Does the Executor of a Will Get Paid?

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

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Contesting a Will Due to Dementia in NSW

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

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Can a Beneficiary Be an Executor of a Will?

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

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Everything You Need to Know About Mutual Wills NSW 

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

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Apply for Letters of Administration NSW

What is Letters of Administration? In New South Wales, where a person dies with a Will, the person named as executor may apply for a Grant of Probate. Where a person dies without a Will, or where a person died with a Will but there are no executors willing or able to apply for probate,

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Can an Executor Change a Will in NSW?

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

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Can I Challenge or Contest a Will After Probate?

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

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Disputing a Will

Understanding Will Contests and Disputes in New South Wales In New South Wales, a will-maker (otherwise known as a ‘testator’) has testamentary freedom to leave their estate to any one or more beneficiaries of their choosing. However, under the Succession Act 2006 (NSW) an eligible person who believes they were not left adequate provision in a

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Contesting a Will as a De Facto Partner

De facto partners have the right to contest a will if they believe the deceased has left inadequate provision for them. Empower Wills and Estate Lawyers can guide de facto spouses through the process of making a family provision claim in New South Wales (NSW). What does “De Facto” mean in NSW? For the purposes of a

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Probate Lawyers Sydney NSW: Empower Wills and Estate Lawyers

Probate & Administration in New South Wales In New South Wales, when a person dies, the executor named in the will is entitled to apply for probate and administer the estate. Where there is no executor willing and able to act as executor (i.e., if they have predeceased the testator) or where the deceased died

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When Is a Grant of Probate Required in NSW?

When someone dies, the person named as executor in the deceased’s will has the right to apply to the Supreme Court of NSW for a grant of probate, which, if granted, will give that person the power to administer and distribute the deceased’s estate. If there is a will but none of the named executors

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Understanding the Role of an Executor of a Will in NSW  

What is an executor? The executor is a person who is named as executor in a will and who, upon the death of the will-maker, has the right to administer and distribute the deceased’s estate in accordance with the deceased’s will. While some activities can be attended to before probate, the person appointed as executor

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Distribution of Deceased Estate to Beneficiaries NSW

Understanding the Estate and its Beneficiaries The property, money, or other assets owned by a person at the date of their death will fall into the deceased’s estate. This includes assets held solely or as tenants in common with someone else, but does not include assets held as joint tenants with someone else, as those

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Can I Leave a Child out of My Will?

What does it mean to disinherit a child? When drafting a will, circumstances may arise where you feel you want to disinherit one or more of your adult children from your will. This means the child or children you wish to leave out would not be entitled to any inheritance under the terms of your

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5 Common Myths About Wills and Probate

In the realm of estate planning and administration in New South Wales, wills and probate are often subjects of misconceptions and misinformation. This guide aims to dispel some of the most common myths surrounding these critical legal processes. Understanding the truths behind these myths and misconceptions is essential for anyone navigating estate planning, ensuring assets

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5 Common Misconceptions & Myths About Contesting a Will

The process of contesting a will is often misunderstood, with many myths and misconceptions about wills circulating in public discourse. This guide by Empower Wills & Estate Lawyers aims to address and clarify these misconceptions, particularly common in estate planning and family provision cases, and provide accurate insights into the legal practice of contesting wills.

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Understanding the Appeals Process in NSW

The appeals process in NSW provides a pathway for challenging court decisions, ensuring justice is served fairly. This guide by Empower Wills & Estate Lawyers explains the steps involved in appealing from Local Courts to higher courts in NSW. Understanding this process is crucial for anyone involved in court proceedings who may need to lodge

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A Guide to the Probate Process in NSW

In New South Wales (NSW), navigating the probate process is a crucial step in managing the affairs of a deceased person. This guide aims to demystify the steps involved in obtaining a grant of probate in NSW, a legal process overseen by the Supreme Court of NSW. Whether you’re an executor or a beneficiary, understanding

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A Guide to the Supreme Court of NSW

Welcome to your comprehensive guide on the Supreme Court of New South Wales (NSW) by Empower Wills & Estate Lawyers. As the highest court in the state, the Supreme Court plays a crucial role in NSW’s legal landscape, handling a range of complex civil and criminal cases. This guide will provide essential information about the

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