Capacity to make a Will

August 18, 2016 by admin · Leave a Comment 

In order to have the capacity to make a Will (testamentary capacity), the person making the Will (testator) must know what they are signing. While mental illnesses such as dementia and Alzheimer’s might sometimes prevent a person from having capacity, others can validly make a Will if they: Understand what a Will is and what it does Can recall what property they own Both remember and give consideration to the pe

Challenging a Will – Who qualifies as an Eligible Person?

August 18, 2016 by admin · Leave a Comment 

In some circumstances, people who believe they have a right to receive assets from an estate are left out of the Will. If you are left out of a Will and want to challenge it, you must qualify as an ‘eligible person’. In accordance with section 57 of the Succession Act 2006 (NSW), a person qualifies as an eligible person if they were: The wife or husband of the deceased person at the time of the deceased person

Challenging a Will – Undue Influence and Duress

August 18, 2016 by admin · Leave a Comment 

A court may find that a Will is invalid if the deceased was unduly influenced or acted under duress to draft their Will in a certain way. Undue Influence People may manipulate others that are vulnerable or dependent on others – often the elderly or the ill. Undue influence occurs when a Will maker (testator) is put under pressure by the conduct of another person. Most cases involve a family member, friend or trus

Executors – What are your duties?

August 18, 2016 by admin · Leave a Comment 

What is an Executor? The executor of a Will is responsible for carrying out the wishes of a person after they die. The role of the executor is to manage the estate within the terms of the Will and protect the assets of the estate. The executor of an estate must comply with various laws and rules that govern the administration of deceased estates. Below is an overview of an executor’s duties; if you would like a m

Beneficiaries – What are your rights?

August 18, 2016 by admin · Leave a Comment 

A Beneficiary is someone who receives a gift or benefit under a Will. What are the rights of a beneficiary? If you are named as a beneficiary in a Will, you are afforded certain rights. The two main rights you should be aware of are that: All beneficiaries must be informed whether or not the deceased left a valid Will The beneficiary of a Will is entitled to receive a copy of the Will in its entirety if they make

The Problem with Homemade Wills

August 18, 2016 by admin · Leave a Comment 

Some people may choose not to engage a solicitor to draft their Will and instead do it themselves. This is usually done because they believe this is cheaper and less time consuming. However, drafting a ‘homemade Will’ is risky. Risks associated with homemade Wills Some of the reasons homemade wills are considered risky relate to: Formalities - There are strict formalities that must be carried out when drafting

Keep your finances and property in safe hands – Create a Power of Attorney

August 18, 2016 by admin · Leave a Comment 

What is a Power of Attorney? A Power of Attorney, like a Will and an appointment of Enduring Guardian is a way of preparing and planning for the future. A Power of Attorney is a legal document appointing a person of your choice (attorney) to manage your financial and legal affairs while you are alive. A Power of Attorney deals with property and financial matters. Your attorney can sign legally binding documents on

Plan Ahead – Appoint an Enduring Guardian

August 18, 2016 by admin · Leave a Comment 

An Enduring Guardian is someone you appoint to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself (lose capacity). This may be due to illness or accident. Appointing an Enduring Guardian can include: An Advance Care Directive An Advance Care Plan Who can appoint an Enduring Guardian? If you are over eighteen (18) years old and are able to understand the nature

Estate Lawyer – Dickinsons Lawyers Experienced in Wills and Estate Law, Importance of Making a Will

August 18, 2016 by admin · Leave a Comment 

Importance of Making a Will We have all read about high profile family estate battles, like those that followed the deaths of mining magnate Lang Hancock and prominent businessman Richard Pratt. However, there are many other cases involving ‘ordinary’ Australians that do not get picked up by the media but which are equally emotionally and financially draining. To avoid these situations it is important you make

Conveyancing Lawyer in Sydney – Property Law and Solicitors – Dickinsons Lawyers Sydney

November 14, 2011 by admin · Leave a Comment 

Do you require legal advice with regard to buying or selling a property in Sydney? Dickinsons Lawyers offer conveyancing and property law services to help simplify the property transfer process. Dickinsons Lawyers understand that making the decision to buy or sell a property is hard enough, before even considering the property transaction process. We aim to minimise the stress of property transfers. If you are loo