Legal Articles

Can Grandchildren Challenge A Will?

by | Contested Estate

Generally, a person has the right to make a Will and leave their property to whomever they like. However in some circumstances, a limited group of family members (also known as an “eligible person”) can contest a Will. So, can grandchildren challenge a Will? If the Court considers that an eligible person (such as a… Read more »

Executor’s Payment

by | Deceased Estates & Inheritance Claims

Executor’s Payment Available in Certain Situations The question is often asked by those appointed executor of a deceased estate, whether they are entitled to a payment for the time and effort required to do everything necessary to sort out the deceased estate. If the executor is also a beneficiary of the estate or if the… Read more »

Will preparation sometimes brings us in contact with terminally ill people.  Such clients have often been given life expectancy time frames and wish to ‘get their affairs in order’.  Whilst everyone’s circumstances are different there are some ‘essential documents’ that should be put in place to ensure that your wishes both before and after you die… Read more »

The failure of a gift in a Will is called “Ademption”.  For example a willmaker may leave a house in a Will but then sell the house.  The gift in the Will is said to have adeemed or failed. Ademption may also occur as a result of a legal rule, the “doctrine against double portions”…. Read more »

If the executor named in a Will cannot act or is unwilling to act and there is no provision for a substitute executor, the question arises as to who can apply for a Grant of Administration (Probate or Letters of Administration) to administer the estate in the original executor’s place? What if the Will does… Read more »

In the case of Mead v Lemon [2015] WASC 71 handed down 26 February 2015 by Master Sanderson in the Western Australian Supreme Court the deceased’s daughter was successful in having her $3 million inheritance increased to $25 million. The deceased’s estate in this matter may have exceeded $1 billion but the amount in dispute was… Read more »

Overview: Undue Influence, Wills Power of Attorney Unconscionable Conduct Non Est Factum Sometimes after an older person dies, it becomes apparent that there has been a transfer of property (or other assets belonging to the vulnerable older person) to another party for nil or less than market value. Family members of the deceased person that… Read more »

One of the main reasons why people make the effort to prepare or update their wills is to make sure that their infant children are taken care of.  The Guardianship of Infants Act 1940 (SA), Section 13 provides each parent of a minor child (under 18 years of age) with the right to appoint a testamentary guardian… Read more »

In a recent decision of the Supreme Court of South Australia (Mullins-Trnovsky v Adams [2014] SASC 116) his Honour Justice Gray confirmed that the Court has the power to remove an executor by amending the grant of probate however where there are compelling reasons it is appropriate to continue with the traditional practice of removing… Read more »

When making a will it is important to understand that you can only give what is yours.  Assets owned via a family discretionary trust structure cannot be gifted directly in a will. If some or all of a will maker’s assets are owned through a trust, the will maker does not own the trust assets…. Read more »

So you have been injured in a car accident, slipped at a supermarket or tripped on something in a restaurant, shop or even someone’s house.  You have contacted Allianz, the supermarket, restaurant or shop etc. and before long you receive an offer of $1,000.00 – $3,000.00 from an insurance company to settle your claim.  What… Read more »

The Advertiser reported on 8 November 2012 that an Adelaide barrister is being sued in the District Court for “allowing his pet dog to roam and chase cars before it allegedly caused the crash of a motorcyclist.” The motorcyclist is reportedly claiming more than $40,000 in damages and compensation plus interest and Court Costs and… Read more »

A man in his 40’s was going for his morning run along a footpath in the suburb in which he lives when a dog ran out at him from a yard and bit him on the leg. The gate was usually closed, and the dog was usually restrained, but not on this morning.  The man… Read more »

A client was walking her dog along the linear park recently.  She had unleashed him in the designated off-leash area.  Her dog unexpectedly ran out of the off-leash area toward the river in pursuit of some ducks.  The dog ran across the bike track and caused a man jogging to stumble and fall.  The dog… Read more »