Latest News: Wills and Estates

Posted by Ingrid McKellar General Property Law Wills and Estates

ADVERSE POSSESSION: WHEN DO “SQUATTER’S RIGHTS” APPLY?

Pauperis v Pauperis, a recent decision from the NSW Supreme Court has considered when a person is deemed to have taken adverse possession of a property, and, when there are competing interests, which person will have better title at law. In the context of a dispute between brothers over their late mother’s estate, the court […]

Posted by Dannielle Ford General Wills and Estates

NSW comes first (FINALLY)! Regulations for electronic witnessing of documents in place

On Wednesday 22 April 2020, the NSW Government implemented the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020. The legislative response to COVID-19 permits electronic witnessing of estate planning documents, such as wills, powers of attorney, and enduring guardianship. The new regulation also allows affidavits, deeds, agreements, and statutory declarations to be witnessed via […]

Posted by Dannielle Ford Wills and Estates

Why Estate Planning is “Essential”

As a firm, we are mindful of how we can help you during these uncertain times. We have implemented protocols so that we are able to continue to work and serve our clients, especially where estate planning is concerned. We caution clients to proactively prepare for the worst, and often that preparation comes too late. […]

Posted by Dannielle Ford Family Law Wills and Estates

DOES GETTING MARRIED OR DIVORCED AFFECT MY WILL?

A marriage, separation or divorce will usually have a massive impact on your life. In most cases you will feel like there is more to worry about than your estate planning, but it is at these times it is most important to do so. MARRIAGE The effect of marriage on a Will depends on the […]

Posted by Dannielle Ford Wills and Estates

HOW ARE MY DEBTS PAID WHEN I DIE?

It is a common misconception amongst many people that their family will be left to pay their debts when they die. In Australia though, that is not the case. When you die, any debts that you are solely responsible for will be paid out of your estate and/or any insurance policies held by you. If […]

Posted by Dannielle Ford Wills and Estates

But what does it all mean – A Guide to Wills and Estates

Interpreting a Will can be complex because of the legal jargon involved. We have done our best to simplify the terms of our client’s Wills but there are still some essential legal terms. This guide should give you a better understanding of some of the words used in estate planning documents. Administrator An administrator is […]

Posted by Dannielle Ford Wills and Estates

When Gifts Fail

Although writing your own Will may seem easy enough, the law around Wills can be very complex. The doctrine of ademption refers to failure of specific gifts that have been referred to in a Will. For example, a specific gift may have been sold or given away during the Will-maker’s lifetime. In these cases, the […]

Posted by Dannielle Ford Wills and Estates

Where there’s a Will…

The Succession Act 2006 (NSW) provides that certain people, including a spouse and children of a deceased person are eligible to make a claim that provision (or in some cases further provision) ought to have been made from the estate of the deceased. The Court must consider whether the applicant has been left with inadequate […]

Posted by Aaron Suthers Wills and Estates

Your will is not a good weekend DIY project

The desire to save money on legal fees is completely understandable, particularly given the wealth of information available on the internet for those who prefer to DIY. There are times, though, when DIY can cost you a great deal more than you save. In my experience, the use of will kits it a prime example.  Apparently, it also […]

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Cheney Suthers Lawyers website does not provide legal advice. All information on this website is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice.   Cheney Suthers Lawyers accepts no responsibility for the loss or damage caused to any person acting on or refraining from action as a result of any information contained on this website. Liability limited by a scheme approved under Professional Standards Legislation. All material on this website is subject to copyright.


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