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Enduring Power of Attorney vs Enduring Guardianship: What’s the Difference?
A common belief of many Australians is that a Power of Attorney will cover all their decision-making needs if they lose capacity. However, this misconception could leave critical gaps in your family's ability to help you when you need it most. Understanding the...
Can a De Facto Partner Contest a Will in New South Wales?
Dealing with the death of a partner is incredibly difficult. Finding out you have been left out of their Will or not adequately provided for can add significant stress and concern. Fortunately, all jurisdictions in Australia provide statutory rights for ‘eligible...
What Is a Reseal of Probate and When Would You Need One?
If you are administering a deceased estate in Australia and the deceased owned assets in more than one jurisdiction, you may need to understand what a reseal of probate is. In simple terms, a reseal allows a grant of probate made in one recognised jurisdiction to be...
Testamentary Trusts Explained: How They Work and Why They Matter for Your Estate Plan
A testamentary trust is an estate planning tool created by your Will that only comes into effect after you die. It changes the way your family receives an inheritance, moving from a direct distribution to a flexible structure managed by a trustee in accordance with...
Penalty Clauses in Contracts – Are They Enforceable?
A penalty clause is a term in a contract that imposes a penalty on a party that breaches a contractual obligation. It is important to know that penalty clauses are generally unenforceable under Australian law. However, it can...
Why Business Co-Owners Need a Partnership Agreement NSW
Going into business with like-minded entrepreneurs is an exciting step. However, even the strongest partnerships can fall apart if roles, responsibilities and expectations are not clearly defined from the start. For business co-owners, a partnership agreement is...
Do we have an agreement? Contract law 101
A contract is a legally binding agreement between one or more parties. These agreements set out the terms and conditions of a transaction. If a contract is properly formed, then its terms can be enforced by a court. However, not every document that is called a...
An Executor’s Guide: What to Do When a Loved One Dies
Being an executor is a big responsibility, especially while dealing with the loss of a loved one. An executor is the person named in a Will to manage a deceased person's estate (property, finances, etc.) and carry out their final wishes. The role entails important...
Buying and Selling Property “Subject to Probate”
When it comes to property transactions, you might occasionally come across a listing or a contract that mentions “subject to probate”. Buying a property subject to probate means that the property is part of a deceased estate, and it introduces a unique set of...
Will My Family Provision Claim Succeed in New South Wales?
Being left out of a loved one's Will or receiving less than expected can be emotionally devastating and financially concerning. Fortunately, in New South Wales, an eligible person can make a Family Provision Claim to the Supreme Court if they believe the Will has not...