Legal Articles
Contesting A Will After Probate Granted
February 27th, 2020 by | Contested Estate
We are often asked about contesting a will after probate granted. Generally, the people asking this question are family members of a deceased who have been left out of a Will or have received inadequate provision from the estate. If you consider yourself in this situation, then speak to our probate lawyers today. Overview: Contesting… Read more »
Can a divorced spouse inherit?
November 19th, 2019 by | Contested Estate, Deceased Estates & Inheritance Claims, Family, Wills & Estate Planning
A vexed question which frequently confronts many a Will maker, is how can a benefit left in a Will be protected if the beneficiary later experiences a marital or de facto relationship breakdown? You might find yourself wondering, ‘can a divorced spouse inherit?’. In Australia, it can be difficult to quarantine inheritances in divorce settlements…. Read more »
De Facto Relationships a Matter of Time
November 14th, 2019 by | Family
Recent decisions of the Full Court of the Family Court re-emphasize the importance of keeping a keen eye on dates when living in a de facto relationship. De Facto Relationships – Critical Dates There are two critical dates that should be borne in mind. The first date is the date on which cohabitation in a… Read more »
What Happens to Property if a Spouse Dies During Divorce Or Separation?
October 25th, 2019 by | Family, Wills & Estate Planning
If your marriage or de facto relationship has ended, it’s crucial that you finalise your divorce property settlement (either by consent or through the Family Court) as soon as possible. But what happens if someone dies before the settlement is final? It ultimately depends on when the death occurred. Keep reading to learn more about… Read more »
What Are Mutual Will Contracts?
October 16th, 2019 by | Family
Mutual Wills are an ideal solution for modern families, as they are becoming increasingly complex in their structure. In 2016, approximately 6.4% of families were “step-families” – that is, families composed of two adults and one or more children who are not the biological or adopted child of one of the adults. Almost 3.7% of… Read more »
What is the Duty of Disclosure?
September 17th, 2019 by | Family
When you’re separating, you and your former spouse have a duty to give each other all the relevant information about your respective financial situations – this is called the duty of disclosure. The parties and the court are entitled to this information so that they can form an accurate picture of each party’s income, expenses,… Read more »
Can a Killer Inherit via their Victim’s Estate? – The Forfeiture Rule
May 30th, 2019 by | Deceased Estates & Inheritance Claims
Can someone who kills another person inherit under the deceased’s last will? Thankfully this questions only arises occasionally but it is obviously a scenario that can cause significant further upset to an already difficult situation. What is the Forfeiture Rule? The forfeiture rule is a rule of public policy which prohibits a person who unlawfully… Read more »
Statutory Wills in South Australia
June 12th, 2018 by | Wills & Estate Planning
In order to validly make a Will, a testator must have testamentary capacity. Section 7 of the Wills Act, 1936 empowers the Supreme Court of South Australia to authorise a Will to be made on behalf of a person who lacks testamentary capacity, in certain circumstances. Such Wills are known as a Statutory Wills. In… Read more »
Testamentary Capacity
March 21st, 2018 by | Deceased Estates & Inheritance Claims, Probate, Wills & Estate Planning
What is Testamentary Capacity? In order for a will to be valid, a testator must have testamentary capacity at the time the will was executed. The test for determining testamentary capacity is set out in the English case of Banks v Goodfellow (1870) LR 5 QB 549; namely that the testator must be of sound… Read more »
Testamentary Freedom
February 27th, 2018 by | Contested Estate, Deceased Estates & Inheritance Claims, Wills & Estate Planning
What is Testamentary Freedom? Testamentary freedom is the long-standing common law principle that a person has complete discretion to dispose of their property through their will in whichever manner they choose. Chief Justice Cockburn in the decision of Banks v Goodfellow (1870) LR 5 QB 549 stated that “The law of every civilised people concedes… Read more »
Elder Law
January 10th, 2018 by | Contested Estate, Deceased Estates & Inheritance Claims, Probate, Wills & Estate Planning
Australia’s aging population is growing each year and with that has brought a demand for legal services tailored specifically to the needs of our seniors and often their families as well. What is Elder Law? As people age and become increasingly vulnerable there are many areas of law that may affect them that until then… Read more »
Probate SA
January 6th, 2018 by | Probate, Wills & Estate Planning
What is Probate? Probate is the process by which a deceased person’s will is “proved” in the Probate SA Registry of the Supreme Court of South Australia. Before any executor named in the will can legally deal with a deceased’s person’s assets, the Court must be satisfied that the person’s will is valid and that… Read more »
Informal Wills
December 14th, 2017 by | Wills & Estate Planning
Informal wills are wills which do not satisfy the formal requirements of execution under section 8 of the Wills Act, 1936. For information as to the legal requirements to create a valid and binding will see our article ‘Proper Execution and Witnessing of Will is Vital‘. Requirements for a Valid Will In South Australia, a will… Read more »
Defamatory Will – Having the Last Word!
December 6th, 2017 by | Defamation, Wills & Estate Planning
We have all heard stories of people using their Will to spite beneficiaries by leaving everything to charity or the family pet. But what about Will makers who want to have the last word and let people know what they really thought? What if the Will maker’s last words are lies, designed to hurt and… Read more »
Where To Store Your Will
December 1st, 2017 by | Wills & Estate Planning
As a Wills and estates lawyer, I often come across clients that underestimate how important correct Will storage is. You’ve finally got around to making a Will – what happens next to ensure it’s safe? You need to know where to store your Will. Your Will is an important legal document and needs to be… Read more »
