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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 …

Singles Need A Will

Thirty, flirty & thriving – even singles need a Will

If the heading has grabbed your attention, it may be that you are young, single and healthy! Or, like me, you’ve recently watched “Suddenly Thirty” starring Jennifer Garner, and the catch phrase “Thirty, Flirty and Thriving” is stuck …

Social Distance, Witnessing And Your Will

Social Distancing, Witnesses and your Will

There has been a high level of concern in the Legal Profession about the ability of lawyers to assist clients with their estate planning and appointment of alternate decision makers, in the context of the current social distancing restrictions. Currently, …

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 …

Disentitling Conduct - Entitlement To An Estate

Disentitling Conduct

An ‘eligible person’ (as defined in the Succession Act 2006 (NSW)) (‘the Act’) has the right to bring a claim for a family provision order where he or she has been left out of a will or where inadequate provision …

Making A Will Do It

Making a Will? GET IT SORTED!!

A recent survey by a prominent Australian Law firm revealed that whilst almost all Australians acknowledge the importance of making a Will (97%), only a little more than half actually have one (52%).

Most younger respondents felt that a Will …