Szabo & Associates News & Updates

The principle underpinning the NSW statutory provisions relating to this question can be traced at least as far back as England’s Wills Act of 1837. Rather than the gift lapsing, in essence, the principle states that if a parent leaves a gift to their child, where that child had died leaving children of their own, then those children (the grandchildren of the person making the Will in question) should receive the share that would have gone to the parent had the parent not died. That is unless a “contrary intention” was to be discerned from the Will.

In order to oppose a Grant of Probate to contest the validity of a Will, a person must have the appropriate “standing”, which means having a legal interest in a deceased person’s estate. You have an interest if:

The decision as to who you choose to be responsible for dealing with your estate is an important part of the process of making your Will. The person chosen (though you can have more than one) is known as the executor. It is a crucial role and one that carries a degree of risk as well as responsibility.

Contesting a Will can add more uncertainty to an already difficult time. It is also a topic around which there is a lot of confusion. When thinking about whether to contest a Will, there are a lot of things you need to be aware of if you are to be successful. Here we outline some important things you should keep in mind. Alongside the obvious need to have eligibility under the law, a successful contest also goes hand in hand with being able to demonstrate your financial circumstances. For this reason, having combined advice from a financial and legal advisor can be crucial.

It is not uncommon in modern families for there to be a blend of biological, step and sometimes adopted children. When it comes to inheritance, however, stepchildren are not treated the same as other children.