Deceased Estates & Inheritance Claims Articles

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 »

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 »

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 »

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 »

What is a reseal of a grant of probate? Usually an executor will apply for a grant of probate or letters of administration in the State where the deceased person was residing when they died. Generally, this will also be the place where the deceased held most of their assets. However, if the deceased owned… Read more »

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 »

The loss of a family member is always a difficult time. Even more so when you discover that you have been left out of a Will, or have received less than you believe you were entitled to. In this scenario you may find yourself asking “can a Will be contested?” Generally, a person has the… Read more »

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

A recent article in The Guardian looks at the outcome of Prince having died intestate.  The article states: “A Minnesota judge has ruled that Prince’s six siblings are the heirs to his estate, more than a year after the pop superstar died of a drug overdose.” Of the many celebrity deaths over the last 12 months or… Read more »

One of the most common questions I am asked when dealing with Probate matters is: is there a time limit for executors to distribute estates? Most people are surprised to hear that the answer is “no”. But that is not the end of the story when it comes to administering an estate. To learn more… Read more »

From 1 July 2015, all applications for Probate (or Letters of Administration) must be accompanied by an original Death Certificate, or a copy certified by a solicitor. The Probate Registrar has indicated that he will not accept errors on the Death Certificate. This stems from the admirable conviction that the historical records of our State… 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 »

There may be many reasons why a person wants to give away their assets when they know or believe they will soon die. Perhaps they never made a Will or don’t have time to update their current one; or maybe they want to provide a benefit to someone who has helped them or disinherit someone… Read more »

In my opinion, there is no more important time to consider your estate planning than when you are part of a blended family, whether that involves a second marriage, or a de facto relationship where one or both of you have your own children, or a first relationship with a partner who has their own… Read more »

I am often asked: “But if I die without a Will, won’t it just go to my family anyway?” This statement is basically true, but it is the manner in which your estate would be distributed and the obstacles to be negotiated in order to make it happen that one should be concerned about. The… Read more »