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Buying a Property Under Trust: Be Aware of Surcharges on Duty and Land Tax
Do you intend to buy property as a trustee of a discretionary trust? If so, it is important to examine whether the trust deed protects you from foreign surcharges on duty and land tax. Many Australian citizens and residents unknowingly incur foreign surcharges, facing...
How do I Protect my Estate from a Family Provision Claim?
Estate disputes are surprisingly common in Australia. Laws across different jurisdictions allow eligible individuals to challenge a deceased’s Will if they believe they have not been adequately provided for. In such cases, a...
What is an ‘Interest’ in Property?
When discussing property law, the concept of an ‘interest’ is significant. An interest in property refers to a legal stake or other right that an individual or entity holds in a particular piece of real estate. This article explores the definition of property...
How to Locate an Original Will
Losing a loved one is often an emotionally overwhelming experience, and amidst the grief, managing legal matters can add another layer of complexity. Yet it most often falls to those closest to the deceased to manage the administrative burden created by death. A...
Dealing with deceased estates – Executor duties
After a person dies someone has to look after the assets of that person and pay the person's debts. Although the person is no longer here, his or her affairs must be finalised and the person to finalise the affairs is appointed by the Will of the deceased. Where a...
Deceased Estates – What Happens When Executors Don’t Agree
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and...
Common misconceptions about estate planning
An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article we look...
7 Top Questions about Family Provision Claims in NSW
When someone passes away, questions about inheritance naturally arise. In cases where someone has not been adequately provided for following the death of a loved one, Family Provision Claims exist to help make the situation fairer. This article discusses some of the...
Does my handwritten note qualify as a valid will?
Did you know that a handwritten note could constitute a valid will? As an informal document, this would not be automatically recognized, and you would need to seek court approval for it. However, the courts are willing to give effect to your testamentary intentions,...
Do you Need a Lawyer for a Will?
Legally, you do not need a lawyer to make a Will. Online resources offer “free” or cheap Wills, and websites sell Do-It-Yourself Will kits that can be downloaded or delivered, which are typically inexpensive. However, while making a Will is possible without a lawyer,...