No Comments

Estate Planning and Will Disputes

Why Make Estate Planning Documents in the First Place?

Given the rise of instances of financial elder abuse, contested wills due to capacity issues of the testator, undue influence and family provision claims, is it even worth having these legal documents in place, when the potential for misuse or other legal procedures are available?

The answer is yes! Although such instances exist, the alternative is decidedly more complicated and often a longer and more expensive process.

When considering estate planning documents such as enduring power of attorney and enduring guardian documents, it is essential that the person you wish to care for you or look after your affairs has the power to do so. While the potential for abuse of this power is present, without these documents, should you become incapacitated, nobody may be able to pay your bills or sell your property should you require the funds to move into a suitable aged care facility. [...]  READ MORE →

No Comments

Will Disputes

Joint Property and your Will

Most Will Disputes occur from contention over how the Estate was supposed to be divided among the beneficiaries, rather than how the law entitles those to the assets in the Estate.

The primary example being a property purchased in a couple’s names as Joint Tenants. Upon the death of one owner, the law of succession states that the property is automatically passed to the joint owner on title. If the deceased’s Will states that their share of the property is to be passed to their beneficiaries rather than what the law of succession demands, this is how Will Disputes occur. [...]  READ MORE →

No Comments

How Effective is my Will?

I am hearing about all these claims against estates – how effective is my Will?

Although claims against Estates get coverage in the media, most Estates are in fact completed on the basis of the wishes of the deceased in accordance with their Will.

It should be remembered the starting point at law is that a person is entitled to leave his or her estate to whoever they choose. A person has freedom to choose their beneficiaries – whether they be family members, other persons or their favourite charity. [...]  READ MORE →