What happens to my estate if I die without a will?

What happens to my estate if I die without a will?

When you pass away without leaving a valid will, you are deemed to have died intestate. This means that your estate will be administered and distributed according to legislation. The benefit of having a will is that you can appoint an executor to administer your estate and dictate how you wish for your estate to […]

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What is your excuse for not having a will?

What is your excuse for not having a will?

When you die, you die. Nothing can be done from the grave that you haven’t planned for already. I’ve had many clients come in during their twilight years to make their first will. As surprising as this may seem, it’s actually quite common. The following are the reasons I hear most often about clients not […]

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Caveats over wills – use wisely

Caveats over wills – use wisely

Where there are questions as to the validity of a will, lodging a caveat over the will is an option which will give you time to investigate your questions. Having said that, there can be severe cost implications where a caveat is not for its proper purpose, so it is important to act reasonably and […]

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Not all is lost if you can’t find the original will

Not all is lost if you can’t find the original will

Recently, I have received a number of enquiries where a deceased’s original will cannot be found. When an original will cannot be found, a grant of probate can still be obtained on a copy of a lost will, however, the process is different to where there is an original will. How can I obtain a […]

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Disentitling Conduct – Mind your manners

Disentitling Conduct – Mind your manners

I am often asked by clients about “disentitling conduct” in the context of a claim for further provision from an estate by a child of a deceased. Clients generally raise with me things that the claimant has done to the deceased and the deceased’s family throughout the deceased’s lifetime, and want to know whether the […]

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Have you considered your digital assets in your estate plan?

Have you considered your digital assets in your estate plan?

I recently met with some clients to consider their estate plan. Since they last reviewed their estate plan they had accumulated significant digital assets. When considering your estate plan it is important to ensure you have catered for your digital assets and their management and distribution. What are digital assets? A digital asset is anything […]

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Blyth v Wilken – Ending a De Facto Relationship May Change Your Will

Blyth v Wilken – Ending a De Facto Relationship May Change Your Will

I have previously blogged about when you should review your will and estate planning. One of the triggers to review your will and estate planning is if you have divorced. In the case of a divorce, any references to your former spouse will be omitted from your will. The position on whether the end of a […]

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Time limits for making a claim for further provision

Time limits for making a claim for further provision

I am often asked about the time limits of when a claim for further provision from an estate can be made. When considering a claim for further provision from an estate, it is important to act sooner rather than later as an unexplainable delay could mean the court will refuse to hear your claim. You […]

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When should you review your will?

When should you review your will?

When preparing a will for a client, I am often asked, “When should I review my will again?” There are certain “triggers” that you can keep in mind, to review your will. I have set these triggers out below.   Marriage Marriage revokes a will. Therefore, if you intend to marry, or have recently married, you […]

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Who is a spouse or de facto partner of a deceased?

Who is a spouse or de facto partner of a deceased?

I have received a number of enquiries lately in relation to a partner of a deceased wanting to either apply for Letters of Administration on Intestacy for their deceased partner’s estate or to make a claim against the estate. To be the ‘spouse’ of a deceased, consideration must be given to your specific circumstances. I […]

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