What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased’s causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will challenges It is important to consider whether …
Asset Protection Family Law Inheritance Property
22 August 2017
Inheritance and Divorce: Claims over a spouse’s inheritance
Whether your inheritance will be counted in the divorce assets to be split depends on each case. There is no “one rule for all cases“. Where the inheritance has already been received these are some relevant factors taken into account in a divorce case: Time since the inheritance – If a long time has passed between …
0
0 Comments
Inheritance Wills
31 March 2015
Changes to laws when contesting wills
In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’ was wide-ranging allowing a diverse group to apply therefore increasing …
0
0 Comments
Inheritance Wills
22 September 2014
Cases on contesting wills – grandchildren
The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In the case of Re Davies a grandchild was successful. This was almost …
0
0 Comments
Deceased Estate Elder Law Inheritance Wills
18 September 2014
Changes to inheritance laws are coming
Changes to the law proposed- may disadvantage those left out of family member’s wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide for them. This could include domestic partners, stepchildren, and …
0
0 Comments
Contact Discretionary Trusts Elder Law Family Trusts Guardianship Inheritance Power of Attorney Property Refinancing Wills
6 June 2014
Legal and financial fraud on the elderly
Fraud upon the elderly is becoming more and more widespread and sophisticated. Presently there does not appear to be any unified Australian legislation which protects older people from this type of abuse. In a 2011 study conducted by the Crime Research Centre of the University of Western Australia its findings were that “misuse of Enduring …
0
0 Comments
Contract Law Family Trusts Inheritance Joint Venture Prenups Property Refinancing Wills
27 May 2014
Wills and family agreements
WILLS AND FAMILY AGREEMENTS: WHAT CAN GO WRONG There are a significant number of generous parents these days who purchase properties for their adult children based on family “understandings” that are never recorded, only verbal. The agreement varies from family to family and can include arrangements anywhere from the parents legally owning the house, to …
0
0 Comments
Inheritance Power of Attorney Prenups Wills
17 March 2014
When do I get my inheritance?
We are living too long for the kids to wait for their money The average life expectancy of people has increased by 25 years over the past century. As a result of people living longer, next of kin are likely not to inherit from their parents until much later in life, often well into their …
0
0 Comments