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Navigating Stepchildren’s Estate Disputes

The legal landscape is ever-changing, and recent decisions are continually shaping the way we navigate estate disputes. A notable case in the Equity Division of the Supreme Court of New South Wales, Wilson v Wright; Wilson v Wright (No 2) …

2024 New Year Resolutions

Your 2024 New Years Resolution Checklist

As we usher in a new year, it’s a good time to reflect on our legal and financial well-being. A thoughtful approach to these aspects of our lives ensures that our affairs are in order, aligned with our current circumstances,

Client Story- Joyce

Client Story- Joyce

Joyce had suffered from pain in her hip for a number of years and had undergone multiple surgeries in an attempt to reduce her discomfort. One of these surgeries was a hip replacement procedure which unfortunately resulted in one of …

Assessing Capacity To Make A Will

Assessing Capacity to Make a Will

I have written previously about the solicitor’s duties to an elderly client regarding assessing capacity when taking instructions to make a new Will. When a solicitor is concerned that their client has suspect capacity, they are duty bound to obtain …

Draft Will - Can They Be Valid

Is Your Draft Will Valid?

For various reasons, sometimes a person instructs a solicitor to draft a Will on their behalf, but the document is never signed by the client. So, what happens when the wheels are in motion, but the document has not been …

Notional Estate And Family Provision

Notional Estate and Family Provision Orders

What is Notional Estate?

A person’s last Will dictates how their estate assets are to be distributed upon their death.

However, estate assets only include property which is owned solely by the deceased person as at the date of their …

Court Ordered Wills

Court Ordered Will – Who Pays?

The Court’s Power to Make a Statutory Will

Under the Succession Act 2006 (NSW), the Court has the power to authorise a will to be made, altered or revoked for a person without testamentary capacity. The creation of such is …

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