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.