What happens if you die without a Will?

What happens if you die without a Will?

When a person dies without a valid Will, they are considered to have died intestate. Dying intestate means a person has died without a Will or has left a Will that does not properly dispose of their property. In NSW, intestacy laws will determine who administers the deceased’s estate and how the deceased’s assets are... Read More
Will Making Under Undue Influence

Will Making Under Undue Influence

What is undue influence in Will making? Undue influence in Will making refers to the coercion of a testator (Will maker) into making decisions that go against their wishes. This form of coercion will often occur when the testator is vulnerable and dependent on others for support. A person may exert undue influence to ensure... Read More
Will Making and Testamentary Capacity

Will Making and Testamentary Capacity

A Will sets out a person’s wishes for how they would like their estate to be distributed after their death. A person making a Will (the testator) must meet a cognitive standard when understanding the nature and effect of their Will. This legal standard is referred to as testamentary capacity. What is testamentary capacity? Testamentary... Read More
Understanding Inheritance Disputes

Understanding Inheritance Disputes

Following the death of a loved one, the time for mourning is shared with the process of finalising their estate. During this time, the deceased’s assets will be distributed in accordance with the terms of their Will. After the distribution of assets, a person may feel they have not been adequately provided for in the... Read More
How to prevent a Will dispute between siblings

How to prevent a Will dispute between siblings

Unfortunately, in the wake of a loved one’s passing, the time for mourning is shared with the complicated process of finalising their estate. This process can cause tensions to arise between family members, especially children, in relation to shares of the inheritance.     As a parent, it is important to have a Will in... Read More