Estates and Inheritance Law News
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…Read More
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…Read More
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…Read More
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…Read More
DISPUTING A WILL – WHAT’S THE COST? The old principle that legal costs arising from disputing a will are usually paid out of the estate (“known as the Probate Costs Rule) is outdated and in need of reform according to the Supreme Court. In a recent case, the deceased had hand written his intentions for…Read More
A HANDWRITTEN NOTE THAT COULD CHANGE A WILL Uncertainty arose when the author of a will who left her property to her two children also left a separate handwritten note saying that her son could ‘use’ the house for as long as he ‘needs’ it. Was the note part of her will? If so, how…Read More
IS IT A TRUST WHEN PARENTS RECEIVE MONEY ON BEHALF OF THEIR CHILD? A complicated situation can occur for estate lawyers when the surviving parents of the deceased have previously received or held money on their child’s behalf. The question arises as to the basis upon which the money is held and a recent case…Read More
WHAT HAPPENS WHEN AN EXECUTOR OR BENEFICIARY IS NOT LEGALLY COMPETENT? Often overlooked when we attend to estate planning matters is the appointment of an Attorney by an Enduring Power of Attorney and the appointment of a Guardian by Enduring Power of Guardianship. An Enduring Power of Attorney and an Enduring Power of Guardianship may…Read More
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