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March 2023

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Family Provision Case – Effect of estrangement between deceased and adult child

https://www.youtube.com/watch?v=XOeUE9ZllK0 Keaton v Gumulak [2020] NSWSC 943 – Hallen J This case concerned a claim for provision by the deceased’s adult daughter. The deceased died on 31 May 2018. She left a Will dated 27 May 2018. The plaintiff was the first child of the deceased, having been born to the deceased and her first […]

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Family Provision Case – Claim by ex-wife

https://www.youtube.com/watch?v=QqR3rhSLGTo Brindley v Wade (No 2) [2020] NSWSC 882 – Hallen J This case concerns a family provision application made by the deceased’s former spouse for provision from the deceased’s estate or notional estate. The deceased died in July 2018 leaving a Will, three children and two ex-wives who were eligible to make a claim

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Family Provision Case – Financial Disclosure

https://youtu.be/6leyc2O8Z80 Smith v Moore [2020] NSWSC 1446 – Williams J Facts: Yvonne Gwendoline Smith (‘the deceased’) passed away on 25 June 2018, leaving eight of her nine children and a Will dated 20 August 2014 (‘the Will’). The Will gifted pecuniary legacies to 6 of the deceased’s 8 surviving children and left the residue of her

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Do I need to obtain a Grant of Probate?

https://youtu.be/RCvdREeBiwg After a person passes away, their next of kin or nominated executor does not automatically obtain the authority to distribute the deceased persons assets (ie their estate). Generally, the appropriate person must obtain either a Grant of Probate or a Grant of Letters of Administration from the Supreme Court of New South Wales (“a

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Estate Planning and loans

https://youtu.be/N1Iq9ZQ8b0E Under statute, unsecured debt becomes unrecoverable 6 years after the limitation period begins. This is particularly important to consider in estate planning, where the concerned parties may accumulate substantial amounts of debt over many years, surpassing the 6-year limitation period. If the person who loaned the money (“the creditor”) is not aware of the

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What to do when you can’t find or identify a beneficiary

https://www.youtube.com/watch?v=tPnxbsGhXHU Application by NSW Trustee & Guardian (Estate of Edward Charles Turner) [2020] NSWSC 944 – Hallen J This case concerned an application for a Benjamin order by the NSW Trustee and Guardian (the plaintiff) acting as Administrator for the estate of Edward Charles Turner, who died intestate (without a will) on 22 September 2012.

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Deceased Estate Administration and Resolution Service (DEARS) – The steps involved

Liability limited by a scheme approved under Professional Standards Legislation Disclaimer: This post contains information of a general nature only and is not intended to be used as advice in relation to a specific matter. Although every care has been taken in preparing the document, it may not be accurate or complete, particularly in the

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5 Steps to obtaining a Grant of Probate or Letters of Administration

Liability limited by a scheme approved under Professional Standards Legislation Disclaimer: This post contains information of a general nature only and is not intended to be used as advice in relation to a specific matter. Although every care has been taken in preparing the document, it may not be accurate or complete, particularly in the

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