Szabo & Associates News & Updates

Disputes between siblings over inheritance are not uncommon. These types of conflict can end up in court, leaving a judge to interpret the Will and decide on how an inheritance should be split. However, parents can help to avoid such disputes. Strategies might include ensuring wishes are set out and explained clearly in a Will, by setting up a trust, using non-siblings as executor or trustee, and giving lifetime gifts.

The answer to the question posed is that you are currently able to sign and have witnessed several legal documents, without the need for a physical presence, including Wills, Powers of Attorney and Enduring Powers of Attorney. The NSW Government introduced a temporary regulation earlier this year in response to the social distancing requirements brought on by the COVID-19 pandemic. The regulation is designed to reduce the need for face-to-face contact by permitting a signature to be witnessed by audio-visual links such as Zoom or Skype.

Only eligible individuals can pursue a family provision claim against the estate of a deceased person. These individuals include spouses, children and other family members, but what about non-family members such as a friend of a deceased? Can they be entitled to a share of an estate whether there is a Will or not?

The loss of a relative or friend can be a difficult and emotional time. For those with the added responsibility of dealing with the estate, it can be a completely new experience and a daunting prospect.

If you believe that you have been left with inadequate financial provision from your grandparent's estate, it may be possible to contest the Will. The Succession Act 2006 (NSW) recognises that a grandchild may be an "eligible person" to make a family provision claim.