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NOT SURE WHERE TO START?
Hi, I’m Natasha Burt. I can help you through a simple discovery process to find out more about your legal problem so that I can direct you to the most appropriate lawyer.
THANKS, I’D LIKE HELP!We never know when the inevitable will happen. That’s why getting your estate planning in order is one of the most important and urgent decisions for you and your family.
NOT SURE WHERE TO START?
Hi, I’m Natasha Burt. I can help you through a simple discovery process to find out more about your legal problem so that I can direct you to the most appropriate lawyer.
THANKS, I’D LIKE HELP!
Legal Services
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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 …
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 …
……the restrictions under the Public Health Order posed significant obstacles to the signing, witnessing and attestation of documents such as Wills, Powers of Attorney, Appointments of Enduring Guardians, Affidavits and Statutory Declarations, all of which are fundamental to our legal
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, …
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 …
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 …
While right of burial seems like a pretty morbid subject, it is a hugely important issue for the loved ones of a deceased person and to the dignity of the deceased. I think that the following from a very old …
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 …
So what is a Binding Death Benefit nomination (BDBN) and why should we care?
Essentially, a BDBN, or binding death benefit nomination, is a written direction to your superannuation fund that instructs the fund as to whom to pay your …
TESTAMENTARY CAPACITY
RYAN v DALTON [2017] NSWSC 1007
Kunc J – 31 July 2017
The Proceedings
This was a contested probate suit between the deceased’s 3 children and his long time defacto spouse. The children succeeded in knocking out the …
