It was recently reported that Ms Lorraine Watkins had failed in her latest challenge against the federal government who have been seeking to evict her from her home in Badgerys Creek in order to make way for the new western Sydney airport. In July she lost the latest battle when her application for a stay nine years after she had moved to the 5-acre plot was refused.
Szabo & Associates News & Updates
Before passing away, has a deceased family member transferred property to others leaving insufficient assets to meet a claim from yourself?
Most people will know that a Will is a declaration made by a person during their lifetime expressing their intentions for the disposal of their property after death. The basis of modern law (the law of succession) is the historical British statute the Wills Act 1837. As for capacity to make a Will (testamentary capacity) section 7 states any person of full age and sound mind may make a valid Will provided it is made in the proper form.
The Duke in Shakespeare’s Measure for Measure famously remarked ‘What’s mine is yours, and what is yours is mine’. Perhaps not in law! Maybe you are currently living with a partner without the formality of a marriage certificate but does this necessarily mean that ‘what is yours is indeed yours’?
The old English proverb claims ‘where there’s a will there’s a way’. Unfortunately, the way may be difficult if there is no Will! Research shows that almost half of Australians do not have a Will and for those who do many are not up to date (meaning perhaps as little as 35% of adults have a current Will) exposing their family to complications and possible financial difficulties on their death. By making a Will you ensure that your wishes for your estate are respected after your death.