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 …
Executors Letters of Administration Probate Wills
17 May 2019
What is Probate of a will?
What is probate of a will in Victoria? These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I’m the executor and I can’t afford the funeral expenses? Am I capable of being an executor? What should I do if I’m not? …
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Family Law will contest representation will contests Wills
6 December 2018
3 reasonable grounds for contesting a will
Losing a family member or a loved one is an emotionally distressing time for many people; comprehending the thought of never being able to see them again is enough to deal with. When there is a will involved, families can be torn apart in the midst of hurt and pain. Let’s be honest though, sticking …
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Wills
12 October 2017
What is the cost to create a Will and should I make one?
Prices for wills these days vary these days-from a couple hundred dollars for the usual basic husband and wife type of will where the asset structure is simple- to thousands where a testamentary trust is required due to complex nature of the will and greater need for protection of the inheritance. Cheaper than paying for …
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Wills
25 September 2017
Grounds for Challenging a Will
What are the grounds for challenging a will? Family members, dependants and beneficiaries named in a will may distrust the will’s validity, alleging that it should not stand as the testator’s last will. To challenge a will an applicant requires ‘standing’, which essentially means they must have an interest in the proceedings either as a …
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Deceased Estate estate dispute resolution estate disputes inheritance litigation will contests Wills
27 July 2017
Can my stepchildren contest my will?
Can my stepchildren contest my will? Under Victorian Law there are limitations to the types of persons that can contest wills. These days with the increasing divorce rates there are more and more “blended” families and hence stepchildren. Does a stepchild have standing to challenge a will? The simple answer is yes. Stepchildren may have …
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Deceased Estate estate disputes Family Law Wills
8 March 2017
Who has the right to make decisions about the deceased’s funeral?
Dealing with the Funeral Director There are often funeral arrangement disputes between family members as to who can arrange the funeral of a deceased loved one. The poor funeral directors have to then work out who can they legally take as their client. The law, at least in Victoria, states that it is the executor of …
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Deceased Estate Elder Law Executors Wills
1 February 2017
How to contest a will
How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting. However, if you are an immediate family member you are entitled to a copy. If …
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Asset Protection Business Law Company trusts Wills
30 January 2017
What is a testamentary trust will and do I need one?
What is a testamentary trust will and do I need one? You’ve worked hard to build your wealth, and don’t want the assets to go to the tax man, or be collected by your beneficiaries’ creditors. Why have a testamentary trust in a will? You can spend a lifetime building an estate, so it is …
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Power of Attorney Probate Wills
13 January 2017
Myths about wills – Common misconceptions about wills
After 25 years of legal practice, we have come across a lot of myths about wills and common misconceptions that people have about Wills. Here are some of the common myths about wills we hear frequently. Myths about wills #1 – My wife and I can just make one “joint will” Many a couple will …
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