Parents considering lifetime transfers of control via discretionary trusts should understand that such steps are extremely difficult to reverse. The RMB Lawyers Wills & Estates & Disputed Wills Division explains.
Are you thinking of writing your own Will? The RMB Lawyers Wills & Estates & Disputed Wills Division advises you to think again:
A Trust Deed is an important legal document that outlines how the Trust’s assets are managed and distributed, identifies the trustees and beneficiaries and details the rights, powers and obligations of the parties involved. RMB Lawyers Partner ADAM BARLOW explains what steps you can take if you can’t locate this vital document.
Sibling rivalry is normal in every family. While most grow out of it, some never do and carry their resentments into their adult lives. The RMB Wills & Estates & Disputed Wills Division discusses a recent matter which highlights the importance of carefully choosing your executor.
When it comes to making a decision about appointing an Enduring Guardian to look after you when you lose capacity either through old age or ill health (or both), the clear message is: don’t leave it until it is too late. RMB Lawyers Partner ADAM BARLOW explains.
When someone passes away leaving a Will, the person named as executor takes on the legal responsibility of managing the deceased’s estate. The RMB Wills & Estates & Disputed Wills Division explains.
In October the Australian Government’s significant reforms to the funding and viability of residential aged care accommodation will come into effect. The RMB Wills & Estates & Disputed Wills Division explains.
Something as simple as making and saving a note in your phone could have major legal repercussions if it is deemed an “informal Will”, as the RMB Wills & Estates & Disputed Wills Division explains.
The RMB Wills & Estates & Disputed Wills Division explains how to contest a Will on the grounds of incapacity.
The RMB Wills and Estates Division outlines what to do if you feel unfairly treated in your parent’s Will:
The RMB Wills and Estates Division explains the circumstances in which a grandchild can challenge their grandparent’s Will
In NSW, a valid Will must be in writing, signed by the Will-maker, and witnessed by two people. However. As the RMB Wills and Estates Division explains, there can be exceptions.
The RMB Lawyers’ Canberra Wills & Estates & Disputed Wills Division explains the obligations of Enduring Attorneys under ACT legislation.
Being an executor and administering a deceased estate is an onerous responsibility that may take months of administrative work. The role can be complicated further where a beneficiary, friend or family member is involved in the death of the testator (the person who made the Will). The RMB Wills and Estates Division explains the rules that apply in such cases.
People often have a misconception that they don’t need a Will if they have few assets or are relatively young. However, as RMB Lawyers Partner CLAIRE OSBORNE explains, there are great benefits in having a valid Will.
Under the Probate and Administration Act 1898 (NSW) a minor (child under 18) cannot administer an estate. The RMB Lawyers Wills & Estates & Disputed Wills division explains the process when a minor is a beneficiary of a Will but there is no executor to administer the estate on their behalf?
If you are concerned about the validity of a Will, filing a Caveat with the Court can reduce the chances of Probate being granted before your concerns are dealt with. There are three main categories of Caveats, as the RMB Lawyers Wills & Estates & Disputed Wills division explains
It is important that you take care of your Will once it has been made. As the RMB Lawyers Wills & Estates & Disputed Wills division explains, failure to do so can lead to issues when it comes to the administration of your estate.
Disputes between executors of a Will and beneficiaries are uncommon, but they sadly can arise. The RMB Lawyers Wills & Estates & Disputed Wills division explains the steps to remove an executor.
Constructive trusts refer to relief which Courts grant through imposition of a “trust” over property to prevent a person (usually the owner) from retaining the full benefit, typically in circumstances where another person has made financial or non-financial contributions toward the property. The RMB Lawyers Wills & Estates & Disputed Wills explains.
Broadly speaking, a valid Will is one that is in writing, signed by the Will-maker in the presence of two witnesses who have also signed the document. The RMB Wills and Estates Division answers some common questions.
Parents of a child or children with a disability are naturally concerned about how their child be cared for after they pass. As PATTRICK GETTRUST from RMB Lawyers explains, two kinds of Protective Trusts can provide peace of mind.
Executors of estates, particularly those who are not direct beneficiaries of the estate, can now apply for a commission for their work. The RMB Wills and Estates Division explains.
When you make a Will, you will choose someone to be yourexecutor – the person in charge of distributing your estate to the correct beneficiaries after you pass away. RMB Wills and Estates Division explains what you should consider when deciding on who you want as your Executor.
While an estate’s executor is the person most involved in an estate’s administration, this does not mean they can leave the people who stand to benefit from the estate assets(beneficiaries) in the dark throughout this process. RMB Wills and Estates Division explains: