What is a Family Provision Claim and What Does it Entail?

When a family member passes and has left a Will, it’s not uncommon for the estate to be divided unfairly among the recipients. In fact, we’ve dealt with many cases where beneficiaries have had to contest a Will for being under-recognised – and in some cases, completely left out. That’s where a Family Provision Claim…

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Top 3 Reasons Why You Should Always Consult a Lawyer for Estate Administration.

When someone passes, the person nominated in their Will as an executor takes ownership of their estate and is responsible for administering everything to the beneficiaries as outlined in the Will. Comparatively, if the person passes without a Will, there’s a whole set of other procedures that you need to fulfil in order to manage…

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Things to Consider When Contesting an Estate Plan

Having a loved one pass away is never an easy thing to deal with, but then discovering that you’ve been left out of their Will, or the provisions are inadequate can really exacerbate your grief and cause a lot of stress for years to come. In the case of an elderly loved one passing, there…

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What Does the Role of an Executor of a Will Entail?

The role of an executor in a Will is of utmost importance. Given the person who has passed has put all of their trust in the person they’ve nominated to take care of a lifetime’s worth of assets accordingly, there’s a lot of responsibility involved. With that said, what actually are those responsibilities, exactly? And…

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Contesting a Will? What you Need to Know.

If you have assets you’d like to share with particular people when you die, you need to have a Will. You also need to review and possibly update your Will every few years to ensure it reflects your wishes. But what happens if someone close to you feels left out of your Will or there…

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Letters of Administration – What’s the Process When a Loved One Dies Without a Will?

Letters of Administration is a legal document issued by the Supreme Court of NSW when: A person dies intestate (i.e. without a Will) Has a Will but none of their nominated executors are alive or able to act as executor The purpose of Letters of Administration is to appoint an administrator to collect, manage and…

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Wills, Probate and What to do About the Assets of a Loved One When They Pass.

When a family member or loved one passes away, the last thing you want to think about are the legal steps required to execute their Will. Wills can be a somewhat complex matter to navigate, so familiarising yourself with the process as early as possible, Will save you a lot of stress later. Before anything,…

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How is unpaid debt handled when a person dies?

It is an occurrence that happens more often than not – a person passes away and leaves unpaid debts behind. For the next of kin that is left behind, they often wonder what happens with these obligations. This often depends on the type of debt and certain laws. The estate of a deceased person, being…

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How to Obtain a Copy of a Will

One of the first steps when determining your legal position on estate disputes is often looking at the terms of the Will in question. But how do you obtain a copy of the Will if you aren’t the executor of the estate? There are many people that are in positions that are entitled to access…

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Estate planning for blended families

In Australia alone, one in three families are blended. These families are typically a result of adoptions, separations, divorces and remarriages. More than ever, it’s important for partners in blended families to seek an experienced estate lawyer to ensure that probate goes smoothly when one of them passes. Since there are many variables, an expert…

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How to Apply for Probate

When a loved one passes away, the act of administering their estate can be a complex process. If the deceased had a will, the process often starts with a ‘Grant of Probate’.  What is probate? Probate is a court order that validates a deceased person’s will. Probate is said to be ‘granted’, and when this…

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How is a professional executor paid for their services?

It is common practice for individuals to appoint their children or other dependants as executors of their estate. Overseeing the distribution of a deceased estate involves a significant amount of time and work on the part of the executor. The responsibilities of such a task can weigh heavily on someone who has no experience in…

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Common misconceptions about estate planning

In 2018, comparison site finder.com.au conducted a survey and found that 52 per cent of Australian adults do not have a will. 34 per cent of Australian adults simply haven’t got around to it, but then there are many who hold misconceptions about wills and estate planning. In this blog, we tackle those common misconceptions….

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Benefits Of POA + Enduring Guardianship Documents – Taylor & Scott

Giving someone the ability to take control of your life and make decisions on your behalf is a big deal. It’s a decision that places your life in the hands of another. People appoint an attorney and/or enduring guardian for a variety of reasons, including illness, declining mental capacity, or when living abroad. In order…

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The pitfalls to avoid with DIY wills

Cheap and cheerful “do it yourself” projects can be harmless, but are you willing to take the risk when it comes to distributing your estate? Although a Will is one of the most important legal documents many Australians will ever deal with, DIY Will kits or even homemade wills are common. While making a Will…

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How to Safeguard your Will from Being Contested

Providing for your family and loved ones is a big responsibility. Many people spend their lives ensuring their loved ones have a roof over their heads, but adequately providing for your family continues even after your working life comes to an end. Carefully planning how your assets will be distributed in the event of your…

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Taylor & Scott Wills & Estates

Who Is Able To See My Will?

A will can be a very personal thing and discussing its contents may be uncomfortable. You may only wish for certain people to see your will, even when you’ve passed. So who is able to see your will? A person writing their will or ‘testator’ may want to control who can and can’t see their…

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What happens to Inheritance in a Property Settlement

What Happens to Inheritance in a Property Settlement?

Upon the breakdown of a marriage or de facto relationship, the couple will inevitably need to divide their assets and liabilities (such as the family home and mortgage) by entering into a family law property settlement.  The assets and liabilities available for distribution, referred to as the “matrimonial property”, include all property in each party’s…

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Contesting Wills & Estate

Can an Estate be Contested When the Owner Hasn’t Left a Will?

Death is a somewhat taboo subject in our modern society, and with longer life expectancies and medical breakthroughs, death can seem like a far-off notion. Without forethought and consideration, an unexpected passing may bring confusion and questions for those left behind. This is particularly true if the deceased did not leave a will. When this…

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Wills and Estate Planning Affected by Marriage

How can Marriage Affect Wills and Estate Planning?

When you make the decision to say ‘I do’, wondering how it may affect your will and your estate in the future probably isn’t at the forefront of your mind. However, marriage can have a huge impact on your will, regardless of the duration or nature of the union. When does marriage affect your will?…

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Is Someone Disputing a Will in Which You Are Beneficiary?

Is Someone Disputing a Will in Which You are a Beneficiary?

As a beneficiary of a will, you are likely to have gone through a loss that has taken its toll on your emotions. When a will is contested, it can make an already devastating situation even more upsetting and confusing. Contesting or Disputing a will is when everyone involved agrees that the Will is valid,…

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Top Questions About Wills & Estates Answered

Approximately 40% of Australians die without any will or estate planning in place. Taylor & Scott are experienced Wills and Estate Lawyers who deal with many areas surrounding Wills and Estates, including: Wills and Estate Planning Enduring Powers of Attorney and Enduring Guardian Dealing with deceased Estates (Probate or Letters of Administration) Disputed Will or…

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Same-Sex Marriage – Impact on Wills and Estate Planning

There’s good reason why couples are advised to seek professional legal advice on renewing their Wills after they marry and again should their relationship subsequently come to an end. The legalisation of same-sex marriage in Australia will have an impact on many aspects of life in Australia. Same-sex couples planning marriage should consider the implications…

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How a personal injury payout is treated in property settlement

What Is An Enduring Guardianship?

A Guardian is someone you appoint under an Enduring Guardian. The appointment needs to occur when you have capacity, and gives your Guardian the power to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make them for yourself or be unable to make these decisions. You can appoint…

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Retirees Safeguard against Early Inheritance Syndrome

How Retirees Can Safeguard Themselves From Early Inheritance Syndrome

There has been a lot of news coverage in recent times, highlighting a regular trend of adult children asking their retired parents or grandparents for an early inheritance. While most seniors are willing to help out their adult kids financially wherever they can, others are being pressured to hand it out early. There is concern…

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