Living Blog
Whilst a former divorced spouse is an eligible person in NSW to make a family provision claim against the estate of a deceased spouse (section 57 Succession Act 2006), generally speaking such claims are not common or successful.
However, in a very recent Supreme Court case, a former spouse was successful in her application.
The deceased died without a will and his daughter was the only beneficiary. The surviving spouse and the deceased had separated 25 years before the deceased’s death and their property settlement had taken place 22 years before the deceased’s death.
The facts of the case...
Have you separated and need to make parenting arrangements for your children?
Separation is a difficult time for parents and children. If your separation has been messy you might find it difficult to agree on parenting arrangements for your children. Or maybe things have been...
Home Inspection Checklist – What to look for when buying a home
Buying a home is such an exciting thing to do (for some, frustrating). You consider so many things – is it in the right location? Does it have enough bedrooms? Will the car fit in the garage? This is...
Caught Drug Driving?? Do you have a Defence of Honest and Reasonable Mistake of Fact??
Since the introduction of roadside drug testing, there has been much controversy and public outcry.
Have you been left out of a Will?
The loss of a family member is always a difficult time, but it can become more distressing to learn that you have not been included in the family member's Will. Generally, a person may leave their...
What is Mediation? How Does it Work? When is it Appropriate?
Mediation can be a very effective way to resolve all different types of disputes, including neighbourhood disputes, family law matters, employment issues and often estate claims.
Contesting Wills are you Eligible?
In NSW, eligible persons can Contest a Will and make what is called a Family Provision claim if they have been left without adequate provision from a deceased estate.
The eligible person in New South...
Whats is a Prenupital Agreement
A prenuptial agreement or pre-nup is the colloquial name for what is formally known as a 'Binding Financial Agreement' (BFA). There are three main types of BFAs which can be undertaken before or...
What is a Testamentary Trust and their Benefits?
The definition of a testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."
What is a Power of Attorney?
What is a Power of Attorney?
A power of attorney is a legal document made by one person "principal" that allows another person to do things with the principal's money, bank accounts, shares, real...
