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

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

If you believe you may receive an inheritance in the future and want to safeguard it from your spouse in the event of a separation or divorce, proactive planning and an understanding of family law and inheritance laws is crucial. As inheritance is not a protected asset, strategies such as receiving the inheritance in a

Obtaining inheritance from a deceased estate in NSW usually involves a legal process known as probate, where the executor applies to the Supreme Court of NSW for the right to administer the estate and distribute the assets of the deceased according to the terms of the Will. This process ensures the deceased person’s estate is

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

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

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

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

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

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

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

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.