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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 …

Family Provision Claims

Court update: family provision claims

There have been a number of very interesting cases in recent times determined in the field of Family Provision Claims in the Court of Appeal. Family Provision claims are claims brought by certain eligible people who are unhappy that they …