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CY-PRÈS SCHEMES

This paper provides a brief overview of the law and procedures in New South Wales relating to variation “cy-près ” of the provisions of a charitable trust where the charitable purpose has failed.

Defence of Family Provision Claims

An executor (and an administrator in the case of intestacy) has a duty to defend family provision claims brought against the estate. In this article we look at what this involves in New South Wales. Family provision claims Certain people, including a spouse and a child of a deceased person, and a person who had […]

Estate Planning Recent News February 17, 2015

Enduring Guardians

What is an Enduring Guardian? An enduring guardian is someone who is empowered to make decisions for you on a range of lifestyle issues such as: where you live (such as a specific nursing home, or your own home); the health care you receive; other personal services you receive (eg. podiatry, physiotherapy); and medical and […]

Estate Planning Probate Recent News November 24, 2014

The Short Lives Of Testamentary And Family Trusts

Trusts, which are colloquially known as “testamentary” or “family trusts” have one thing in common. That is that the Trustee can pick and choose from within a wide group of beneficiaries how to distribute the trust income and capital from time to time. This provides significant opportunity for a reduction of various taxes, protection from […]

Inheritances: What happens when a relationship breaks down?

When couples separate, they typically need to sort out how to divide their property.  This includes both assets and debts.  There are a number of ways this can be done.  Parties can agree on how to divide their property without any court involvement.  These kinds of agreements can be formalised by the court by applying […]