Am I Entitled to a Copy of the Will?

When someone passes away, it is quite common for family members and/or other interested parties to ask about obtaining a copy or attending the “reading of the will” (if there is one).It is also quite common for people to be told that they are not entitled to view the will or have a copy of [...]

2019-08-30T02:58:52+00:00August 1st, 2019|

Family Provisions Claim – Case Law Update

Recent case law had demonstrated that the size of the Estate doesn’t always mean that an Applicant in a family provisions claim will be successful in attempting to get more than the legacy left under the Will. In Revell v Revell [2016] NSWSC 947, His Honour Pembroke J found that a legacy of $1.5 million to [...]

2019-08-23T06:22:45+00:00July 15th, 2019|

Same Sex Marriage Legislation- Family Law and Estate Issues

The legal definition of marriage in the Marriage Act 1961 has been changed from being a “union of a man and a woman” to a “union of two people”.This change means that marriages between same sex couples previously recognised outside of Australia are now recognised in Australia. It can be complicated if the ‘married’ couple have separated prior [...]

2019-08-23T05:40:13+00:00February 26th, 2019|

Wills and Estates – Testamentary Capacity In Making Wills

In order for a will to be valid in NSW, the testator (i.e. the person making the will) must have the capacity to understand the precise nature and effect of the document they are executing. If there is evidence to suggest that the testator did not have such capacity, then the validity of the will [...]

2019-08-23T10:30:12+00:00December 6th, 2018|