Most people understand that the solemnisation of a marriage revokes an existing Will, but few people understand that there are exceptions to the ‘rule’ under section 12(2), (3) and (4) Succession Act 2006 where all of part of the Will…

What are Mutual Wills and are they binding on the parties?Mutual Wills are Wills made under a contract between two parties, typically parties to a relationship.Mutual Wills are often used by parties to second or subsequent relationships where one or…

What happens to my estate if I have been married but never divorced and live in a de facto relationship at the date of my death?If you don’t have a Will, the Court will need to decide as to the…

There are a number of formal requirements to making a valid Will under the Succession Act NSW 2006. We regularly hear clients say: “Do I really need a Will made by a lawyer? Can’t I just do it myself?”. Sadly,…

Disputes can often arise in relation to the validity of a Will where it is alleged that the maker of the Will (‘testator’) did not know and/or approve the terms of the Will. This information sheet explains how the validity…

The question we are often asked by executors is – “Will I be paid for my time spent as executor? In this information sheet we explain the Executor’s Commission - what it is, and how it works. There is no…

We know it can be difficult to think about what might happen to those you love after you pass away. It can be even more difficult to think about leaving behind a loved one with a disability. There are steps…

Appointing an Enduring Guardian gives you peace of mind that if something happens which impacts on your mental or physical capacity, you have appointed the person you want and trust to handle your personal, medical and lifestyle decisions on your…

The thing about the future is, you can never know when or if something might happen that takes your independence away. Preparing you for temporary or permanent loss of capacity is an essential part of planning your future. Appointing an…