Probate

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.

Probate Recent News August 24, 2015

Video Will Admitted To Probate For First Time In NSW

In the recent case of Re Estate of Wai Fun Chan [2015] NSWSC 1107, decided on 7 August 2015, the NSW Supreme Court granted probate of a ‘video will’.

Prospective Inheritances in Family Law Property Proceedings

This article deals with how the Court considers prospective inheritances when determining what adjustment to make to the legal and beneficial interest of the property of the parties to the relationship (“the parties’ property”). The article concentrates on prospective inheritances following the breakup of a marriage. The same principles apply when considering the adjustment to […]

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 […]