Contested Estate Articles
Can Grandchildren Challenge A Will?
February 28th, 2020 by | Contested Estate
Generally, a person has the right to make a Will and leave their property to whomever they like. However in some circumstances, a limited group of family members (also known as an “eligible person”) can contest a Will. So, can grandchildren challenge a Will? If the Court considers that an eligible person (such as a… Read more »
Contesting A Will After Probate Granted
February 27th, 2020 by | Contested Estate
We are often asked about contesting a will after probate granted. Generally, the people asking this question are family members of a deceased who have been left out of a Will or have received inadequate provision from the estate. If you consider yourself in this situation, then speak to our probate lawyers today. Overview: Contesting… Read more »
Can a divorced spouse inherit?
November 19th, 2019 by | Contested Estate, Deceased Estates & Inheritance Claims, Family, Wills & Estate Planning
A vexed question which frequently confronts many a Will maker, is how can a benefit left in a Will be protected if the beneficiary later experiences a marital or de facto relationship breakdown? You might find yourself wondering, ‘can a divorced spouse inherit?’. In Australia, it can be difficult to quarantine inheritances in divorce settlements…. Read more »
Testamentary Freedom
February 27th, 2018 by | Contested Estate, Deceased Estates & Inheritance Claims, Wills & Estate Planning
What is Testamentary Freedom? Testamentary freedom is the long-standing common law principle that a person has complete discretion to dispose of their property through their will in whichever manner they choose. Chief Justice Cockburn in the decision of Banks v Goodfellow (1870) LR 5 QB 549 stated that “The law of every civilised people concedes… Read more »
Elder Law
January 10th, 2018 by | Contested Estate, Deceased Estates & Inheritance Claims, Probate, Wills & Estate Planning
Australia’s aging population is growing each year and with that has brought a demand for legal services tailored specifically to the needs of our seniors and often their families as well. What is Elder Law? As people age and become increasingly vulnerable there are many areas of law that may affect them that until then… Read more »
