Estate Planning

Family provision claims by grandchildren in NSW

Family Provisions claims made by grandchildren have no guarantee of success even where there has been some level of dependency on the grandparent. These claims are complex and expert advice is needed to assess whether there are any genuine prospects of succeeding.

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.

Estate Planning Recent News August 21, 2015

The 25 Million Dollar Question

What Does The Decision Of Mead V Lemon Mean For Future Family Provision Claims?

It is not often that an award of $25 million to an individual is referred to as merely a “rounding error”. However, Master Sanderson did just that when delivering his judgment in Mead -v- Lemon earlier this year.

Release of Rights to Family Provision Claims

While an individual is free to leave their property as they see fit upon their death, Chapter 3 of the Succession Act 2006 (NSW) (‘the Act’) places a significant restriction on a testator’s testamentary freedom. The Act confers on certain individuals a statutory right to make family provision claims out of the testator’s estate, contrary […]

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 February 16, 2015

Enduring Powers of Attorney in NSW

What is a Power of Attorney? A power of attorney is a document empowering a person (or persons)(“the attorney”) to act on behalf of another person (“the principal”) with respect to the principal’s assets, debts and financial affairs. Powers of attorney can be: General –         the attorney is able to do nearly all things the […]

Can a person be left out of a Will?

Children of any age and other eligible persons (as defined under the Succession Act 2006) have the right to make a claim on an estate for provision (or more than they were left under the Will) for their maintenance, education and advancement in life. This is known as a family provision claim. One of the […]

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 […]