Deceased Estates & Inheritance Claims Articles
New SA Probate Rules 2015
September 2nd, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
On 1 July 2015 some long-awaited changes to the rules governing Probate applications in South Australia came into force. The aim was to make the rules simpler, easier to understand and easier to implement. Having worked with the new rules for one year, here are some things to watch out for when preparing to apply… Read more »
Gifts That Might Fail in Your Will
June 1st, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
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 »
Transfer of Deceased’s Interest in Land and Real Property
April 12th, 2015 by | Conveyancing, Deceased Estates & Inheritance Claims
When a property is held ‘jointly’ with a deceased, an Application to Register Death by Survivor document is required to transfer the property into the surviving tenant’s name. The Application and a copy of the Death Certificate are lodged with the Lands Titles Office with the basic registration fee. The Certificate of Title is no… Read more »
Who Can Act As Executor Of A Deceased’s Will?
April 11th, 2015 by | Deceased Estates & Inheritance Claims
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 »
Will Makes Inadequate Provision For Daughter from Large Estate
February 26th, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
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 »
Undue Influence, Wills And Gifts
November 27th, 2014 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
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 »
Storage of Last Will in South Australia
October 21st, 2014 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
Often I am asked what happens to a Will once it has been executed. Many people have an expectation that there is some central storage area or register of Wills. In fact this is not the case and the storage of a Will is entirely in the hands of the willmaker. So well may you… Read more »
Learn How to Stop Someone Contesting a Will in Australia
September 3rd, 2014 by | Deceased Estates & Inheritance Claims
Contesting a Will can often occur when it comes time to go over the Will of a deceased person. This involves a claim being made under the Inheritance (Family Provision) Act, 1972 (known as an Inheritance Claim) on the basis that the Will maker failed to provide for a family member in their Will where… Read more »
Understanding Who Can Contest a Will
September 3rd, 2014 by | Deceased Estates & Inheritance Claims
In a situation where you believe to have been unrightfully left out of a family member’s Well, you may have the right to contest it. Disputing a will can raise a number of questions, including who can contest a Will? A claim can be made under the Inheritance (Family Provision) Act, 1972 (“the Act”) (known… Read more »
Removal of Executor of Deceased Estate by Court Order
September 2nd, 2014 by | Deceased Estates & Inheritance Claims
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 »
Probate on Lost Will
September 7th, 2013 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
A Grant of Probate from the Supreme Court will generally be required for an executor to deal with the assets of a deceased. Obtaining a Grant involves proving that the last Will of the deceased is valid by producing it to the Court. Where a person dies without leaving a Will, then a Grant of… Read more »
Died Without a Will? What Now?
June 21st, 2013 by | Deceased Estates & Inheritance Claims
The legal term for dying without a Will is “dying intestate”. If a family member or partner has died without a Will, intestacy can significantly add to a family’s burden. It also often leads to additional confusion as to what needs to be done and who is able to do it. There is also a… Read more »
Executor’s Commission
March 2nd, 2013 by | Deceased Estates & Inheritance Claims
Executor’s Commission Available in Certain Situations Being an executor of a deceased estate can be a large amount of work and take significant amount of the executor’s time and effort to make sure everything is done correctly within a reasonable timeframe. Where the executor is also a beneficiary this is not normally an issue but… Read more »
Do I Need a Grant of Probate?
February 22nd, 2013 by | Deceased Estates & Inheritance Claims
The death of a family member or friend is a difficult time, and the process of administering the estate can feel complicated and stressful. During this process, you’ll come across the term “Grant of Probate”. But what does it mean, and do I need a Grant of Probate for deceased estates? Keep reading to learn… Read more »
Left Out of a Will: How Do I Challenge a Will?
November 24th, 2012 by | Deceased Estates & Inheritance Claims
The loss of a family member is always a sad time, but it may become an even more distressing experience if you find that you have not been included in the deceased’s Will. If you have recently discovered that you were left out of your parent’s Will, you will likely be asking yourself “how do… Read more »
