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Deceased Estates Inheritance News

INHERITANCE: WHAT IF I’M TOO LATE TO CLAIM?

May 17, 2017

INHERITANCE: WHAT IF I’M TOO LATE TO CLAIM? -By Vanessa Ho– If you’re disputing a will or making an inheritance claim against a deceased estate, it’s important to act quickly. This was emphasised in a recent case in which a man decided to make a claim against his deceased father’s estate. He thought he’d done the…

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DIY WILLS: ARE THEY REALLY CHEAPER AND EASIER?

April 15, 2017

DIY WILLS: ARE THEY REALLY CHEAPER AND EASIER? – By Elizabeth Burke – Will kits, do-it-yourself wills, home-made wills. Whatever you call them, they’re often a topic of controversy. Why? Because if they’re not made and executed correctly, a huge amount of time and money may be required to sort things out after you’ve shuffled…

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CAN YOU CHALLENGE A WILL IF IT’S NOT WHAT YOU WERE EXPECTING?

April 5, 2017

CAN YOU CHALLENGE A WILL IF IT’S NOT WHAT YOU WERE EXPECTING? – By Kaela Dore – When a woman was unhappy with the proposed distribution of her late Aunt’s estate, she took legal action to have the will changed. She claimed that there were suspicious circumstances surrounding how the will was made. This case…

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CONTESTING A WILL: ARE THE LAWS FAIR?

March 28, 2017

CONTESTING A WILL: ARE THE LAWS FAIR? – By Michelle Crichton – Have you ever contested a will? If you have, you’ll know that it can be a stressful exercise and sometimes the outcome may not be what you were hoping for. SALRI enquiry When a person makes a will, there is a basic principle…

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WHAT CAN YOU DO IF AN EXECUTOR ISN’T DOING THEIR JOB? – PART II

February 16, 2017

WHAT CAN YOU DO IF AN EXECUTOR ISN’T DOING THEIR JOB? – PART II – By Elizabeth Burke – In the first instalment of our series on duties of executors, we looked at the circumstances in which a single executor of a deceased estate could be removed. In this article, we discuss a case that…

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WHAT CAN YOU DO IF AN EXECUTOR ISN’T DOING THEIR JOB?

January 19, 2017

WHAT CAN YOU DO IF AN EXECUTOR ISN’T DOING THEIR JOB? – By Elizabeth Burke – When a man refused to comply with a court order about the division of a deceased estate, legal action was taken to have him removed as executor. This type of scenario can be a huge issue for beneficiaries of…

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PROBATE: WHAT IS IT AND HOW DOES IT WORK?

November 8, 2016

PROBATE: WHAT IS IT AND HOW DOES IT WORK? – By Margherita Russo – When a loved one dies, the impact can be huge. For the person who is named as executor of the deceased’s estate, there is often a lengthy list of jobs to be done at an emotionally challenging time. An executor must…

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CONTESTING A WILL: WHAT IS ADEQUATE PROVISION?

August 15, 2016

CONTESTING A WILL: WHAT IS ADEQUATE PROVISION? When a man disinherited three of his children but left $1.6 million to charity, his children took legal action against his estate. This case raised a question about what is “adequate provision” and whether strained family relationships can disentitle children from an inheritance. The facts The man was…

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BE SPECIFIC WHEN NAMING YOUR EXECUTOR

November 25, 2014

BE SPECIFIC WHEN NAMING YOUR EXECUTOR A clause in a will appointing executors in the alternative without stating the circumstances in which they are appointed is void. The Supreme Court was recently required to exercise its power to rectify a will that appointed as executor, “my solicitor … or any solicitor in her employ.” The…

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CAN YOU RELY ON A PHOTOCOPY OF A WILL? THE DANGERS OF A WILL KIT

August 28, 2014

CAN YOU RELY ON A PHOTOCOPY OF A WILL? THE DANGERS OF A WILL KIT Many people go to a lot of trouble to prepare their legal will, but then don’t think about the difficulty that might arise in trying to locate the document after their death. In a recent case the Supreme Court had…

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