Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

Revoking Letters of Administration: Reordering Succession by Determining a De Facto Spouse in Jasarevic v Nesovanovic (2017)

Background

Letters of Administration grant authority to administer an estate of a deceased person. They are granted where the deceased dies intestate (without a Will) or where there is no executor of a Will to apply for Probate. Interested parties, such as beneficiaries, banks and insurance companies, will require someone to be granted Letters of Administration before funds from the deceased’s estate are released.

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Is There a Will or Not?

It was recently reported in the Sydney Morning Herald that the family of the late cricket star Richie Benaud are embroiled in legal action over his estate (reported here). Mr Benaud's former wife, Marcia, and their adult son, Gregory, have raised a court action against his second wife, Daphne, over how the estate is to be distributed.

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Adequate Provision in a Will: When can a Will be challenged?

It was recently highlighted in the Sydney Morning Herald, that it is incredibly difficult to design a Will that is completely free of the risk of being challenged. The article highlights the increasing number of people in Australia that are challenging a loved one's Will on the basis of a lack of adequate family provision, claiming that they have not been adequately provided for. Unfortunately many people, owing to the complexity of the law in this area, do not understand the rules concerning mounting a challenge to a Will on the basis of a 'lack of provision'.

At Szabo & Associates Solicitors, our experience of advising on the drafting and interpretation of Wills gives us considerable insight into the practical impact of the law in this area. If you are considering challenging a Will where you believe you have not been adequately provided for, it is important that you understand who is eligible in law to challenge the terms of your Will, and on what grounds their challenge may be based.

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Quick Guide To The Role of Executor

When a person passes away, an individual or a number of individuals will be appointed in their Will to distribute their estate – these people are known as executors. From a practical point of view, only one or two people should be named as executors in a Will.

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1849 Hits

Why a DIY Will Kit Could End up Costing More

Many people believe that using a DIY Will kit will be cheaper and easier than seeking advice from a solicitor – however this is not always the case. In fact, using a DIY Will kit could end up costing far more than seeking legal assistance.

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