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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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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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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