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Szabo & Associates News & Updates

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

Stepchildren contesting a Will and the relevance of a statement of wishes: Plummer & Anor v Montgomery (2023)

Stepchildren contesting a Will and the relevance of a statement of wishes Plummer & Anor v Montgomery (2023)

What defines a stepparent and stepchild?

A stepparent is one who is not the legal parent of a child but is married to, or is in a de facto relationship with, the legal parent and treats the child as a member of the family. The stepchild and stepparent relationship can continue to exist even when the legal parent and stepparent are no longer in a relationship.

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4 areas for potential Will disputes continued

4 areas for potential Will disputes continued

A dispute over a Will can occur for many reasons, possibly unrelated to a challenge over the validity of the Will itself or a contest about the entitlement or adequacy of provision for a family member. Disputes may, for example, result from uncertainty over what a Will means or even how key individuals carry out their duties.

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6 frequently seen Will disputes and how resolution might be achieved

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Will disputes often arise over when and how a deceased's estate is to be divided. Below we explore some of the types of disputes that arise and how they might be resolved.

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What is meant by specific Will devises and their ademption?

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A Will is a legal and binding document about what should happen to a person’s property after their death. Within a Will, the Will-maker (testator) can specifically devise or leave a gift to someone. A specific devise is a gift of personal property that is described in the Will.

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733 Hits

Can an ‘informal’ online Will be valid? Lessons from Maggie Riman (Estate of Rita Riman) [2022]

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Generally speaking, for a Will to be accepted as legally valid, it unsurprisingly requires that the legal formalities of the relevant jurisdiction are wholly adhered to. Nevertheless, sometimes a Will that does not meet these requirements, referred to as an 'informal Will', can be accepted as valid.

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