Szabo & Associates News & Updates

Family structures have become more complex over the last few decades, with second and sometimes third marriages, a higher portion of people choosing not to marry but cohabit, and others choosing to get together in some manner in the last few years of their lives.

While Australian law allows anyone to leave any part of their estate to whom they wish, it also recognises a moral duty to adequately provide for their family (and possibly others).

When a person dies their debts do not pass away with them. How these debts are to be managed, however, depends on matters such as the type of debts, their size and the net total of the assets and liabilities contained within the estate. The term estate refers to the assets belonging to the deceased and will include real estate, bank accounts, shares, motor vehicles and other property such as furniture, jewellery and art work. Debts might include personal loans, credit cards or mortgages, utility bills and funeral expenses.

The short answer to the question as to whether a former spouse can make a successful family provision claim is, as is often the case, it depends.

Following recent blogs on areas where Will disputes can arise, in this blog we consider two more areas that have the potential for disputes over Wills and estates the reasons for which may not be immediately obvious: these are the forfeiture rule and revocation of a grant of Probate.