Probate Articles
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 »
Retirement Village Contract Disaster
February 13th, 2018 by | No Win No Fee Lawyers, Probate, Retirement Villages, Wills & Estate Planning
In July 2017 the New South Wales government announced an inquiry into retirement village operators. The focus of the inquiry related to certain charges embedded in the residence contracts. The main area of concern was the Deferred Management Fee which arose on the residents’ exit from the village. We are aware of one instance where… Read more »
Probate Re-Seal in SA
January 10th, 2018 by | Deceased Estates & Inheritance Claims, Probate, Retirement Villages, Wills & Estate Planning
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 »
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 »
