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

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