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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Successful Family Provision Claim for Devastated Son Cut Out of Father’s Will

Our client is one of three children. As a child he suffered from cerebral palsy. Leg calipers were needed for several years in order for him to learn to walk. School was a struggle and our client left having obtained his Intermediate Certificate. A trade qualification followed. Our client’s father was a heavy drinker. He…

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Wills and estate success

Dodgy Claim Brought by Deceased’s Nephew Defeated by Our Wills and Estate Team

Our client was the only son and beneficiary of his mother’s estate. The estate consisted of a home. Upon the death of his mum (his dad having died several years before), our client gathered his children together and invited his cousin to also meet with him following the funeral. He read the will of his…

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Taylor & Scott Wills & Estates

When Should I Consider Updating My Will?

You should review your Will regularly. It may be that your circumstances have changed and your Will no longer suits your circumstances. It is recommended you consider updating or restructuring your Will in the following circumstances: Where there have been changes to your asset pool or the nature of your assets; Changes to any of…

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Power of Attorney And Enduring Power of Attorney

A Power of Attorney is a legal document in which you appoint the person of your choice to manage your assets and financial affairs while you are alive. In some circumstances a Power of Attorney is used when you are travelling overseas and want to give your attorney access to your bank accounts to pay…

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The Need For A Power Of Attorney Or Enduring Guardianship

Most people may have a will, or at least recognise its importance, however a Will only has effect when you have passed away. An Enduring Power of Attorney and Enduring Guardianship are sometimes misunderstood documents. These documents allow for you to appoint someone who can manage your financial and lifestyle affairs while you are alive….

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What Can Happen If I Don’t Have A Power Of Attorney?

Should you no longer be able to manage your financial affairs and you do not have an Enduring Power of Attorney, the Guardianship Tribunal may be requested to appoint a financial manager to make these decisions for you. This involves a formal hearing where evidence will be heard to assess if you have lost legal…

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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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Will Dispute De Facto Partner

Death of De Facto Partner Leads to Family Provision Claim for Surviving Partner Cut Out of Will

Recently our team of experts in family provision matters, led by Evelyn Gardis, a Partner here at Taylor & Scott, acted for a lady who was in her early 90s. Our client had been in a de facto relationship with her partner for more than fifteen years. They had lived happily in country NSW. Our…

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Will Dispute Same Sex Couple

Same Sex Couple Will Dispute & How Taylor & Scott Helped

Our client first met his partner in the early 1980s. At this time he was a young man living with his family overseas. Having left school, he continued to correspond with his much older Australian friend who came to visit him on several occasions. Eventually the older friend invited our client to visit him in…

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Successful Claim Brought By Nephew Against Great Uncle’s Estate

Taylor & Scott recently acted for a client in a Supreme Court claim for provision out of his late great-uncle’s estate. Our client had always been very close to his great-uncle, particularly as relations within his immediate family had been strained, and at times traumatic. He had been obliged to leave home at the age…

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