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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 …