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Estate of Dean John Edmunds[2025] NSWSC 223 Background Dean John Edmunds died suddenly on 15 November 2019, apparently intestate (without a Will). He was divorced and survived by four children, who are his next of kin. His estate, valued at a net $256,827, primarily consists of a half interest in the Oaklands Hotel and a residential […]
Grants made to creditors of Estates Read More »
https://www.youtube.com/watch?v=qlEc2sGisHk A testamentary trust is a trust established under a person’s Will. The assets that form part of that trust are from the estate of a deceased person. Instead of leaving inheritance directly to a beneficiary, a Will can direct that, in some cases, the inheritance is to be distributed to the trustee of a
What is a Testamentary Trust? Read More »
https://www.youtube.com/watch?v=-sqj6BzPJPU A Power of Attorney is a legal document that allows you to give authority to one or more nominated people to make financial and legal decisions on your behalf. The Power of Attorney includes dealing with your assets, debts and finances (for example, operating your bank account and buying or selling property on your
What is a Power of Attorney (POA)? Read More »
https://www.youtube.com/watch?v=VrvnYpjuz04 In New South Wales, there are several grounds that someone can contest or challenge the validity of a Will. The grounds are: Lack of testamentary capacity – Where the testator (that is, the Will-maker) lacked the requisite capacity required to make a Will; Lack of knowledge and approval – Where the testator was not
How do you contest or challenge a Will? Read More »
https://www.youtube.com/watch?v=qpxWTuqEOKw When courts consider family provision claims under section 59 of the Succession Act 2006 (NSW), a recurring issue is whether – and to what extent – allegations of historical sexual abuse by the deceased can be taken into account. This issue was notably addressed in Page v Page [2016] NSWSC 1218 and subsequent appellate
The Court’s Approach to Historical Sexual Abuse in Family Provision Claims Read More »
https://www.youtube.com/watch?v=zfk7xte2TDk Where a person dies with a valid Will in place, Probate is an order obtained from the Supreme Court of New South Wales that confirms a Will is the last Will of a deceased person. The Grant of Probate confirms the executor appointed under the Will has the authority to administer the estate of
What is the meaning of Probate? Read More »
https://www.youtube.com/watch?v=3pOksLHzYqk Mediation is a structured process where the people involved in a dispute come together with the help of a neutral person called a ‘mediator’ (often an experienced barrister or solicitor in private mediations or a registrar of the Court for a court-annexed mediation) to try to resolve the dispute. The mediator helps the parties
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https://www.youtube.com/watch?v=045ileQqxgE In New South Wales, an executor generally cannot take fees without the consent of the beneficiaries or a specific clause in the will allowing for such payment. The executor’s right to claim commission (a payment for their work) is not automatic and depends on various factors. Here’s a more detailed explanation: Will Provisions: If
Payment for Executors Read More »
When appointing decision-makers (e.g., attorneys in a Power of Attorney), the terms “jointly,” “severally,” and “jointly and severally” determine how authority is shared. Here’s a breakdown of each: Jointly Appointed All appointed individuals must act together for every decision. Unanimous agreement is required for any action. Key Implications: Collaboration required: Decisions like paying bills or
Understanding Joint, Several, and Jointly & Severally Appointments Read More »
What is mediation? At mediation, the people involved in a dispute come together with the help of a neutral person called a ‘mediator’ to try to resolve the dispute. The mediator helps people talk about the problem to find areas of agreement and common ground, to understand the other person’s needs and perspective and to
Estate Disputes (NSW) – Mediation Information Read More »
https://www.youtube.com/watch?v=1Got-BHDmG0 A testamentary trust is a trust established in a person’s Will. It comes into existence only when the person dies and the Will comes into operation. A testamentary trust is established when the Will states that an asset or share of the estate must be held on trust for a particular beneficiary (often depending
What is a Testamentary Trust and what is a Discretionary Testamentary Trust? Read More »
https://www.youtube.com/watch?v=qYwgDPZVrzo Until a person attains the age of 18 years, any inheritance must usually be held on trust for them. This is because beneficiaries under 18 years of age are not legally able to give the Executor a valid receipt for assets distributed to them. When assets are held on trust for a beneficiary, pursuant
At what age should younger beneficiaries receive their inheritance? Read More »
https://www.youtube.com/watch?v=hUq88TEkjNk In Australia, people have the right to make a Will and to leave their assets as they wish. This is referred to as having “testamentary freedom”). However, a person’s Will is not necessarily the last word. There may be many reasons why the assets will not be distributed as the person has set out
Is my Will the last word? Read More »
The death of one of the partners in a partnership will bring the partnership to an end unless there is an agreement in place that provides otherwise. The deceased’s executor has the right to demand that the assets of the partnership be sold or that the value of the deceased’s interest in partnership assets be
If you have an interest in a family trust, it is important to review the deed (and any amending deeds) establishing the trust so that you are aware of the terms governing your trust, before making your Will. You need to consider the following issues when making your Will. Trust assets are not governed by
Trusts and Estate Planning Read More »
https://www.youtube.com/watch?v=0hokRnVe3iI How business structures outlive their members and what you need to know about succession planning Introduction A company’s status as a separate legal entity ensures its survival beyond the lifespan of its human members. While the death of a shareholder, director, or officer triggers administrative changes, the company itself continues unaffected. However, careful planning
https://www.youtube.com/watch?v=pP9GWsRUcGo The Superannuation Industry Supervision Act 1993 (Cth) (‘the Act”) provides that the trustee of a superannuation fund must pay the deceased’s superannuation death benefit either to the deceased’s legal personal representative or to a dependant of the deceased. ‘Legal personal representative’ of a person is the executor of that person’s Will, or if there
Who can receive superannuation assets? Read More »
In this 4 part series, we discuss common problems that arise in relation to Wills and more importantly, ways in which to deal with them. As the writer is a lawyer in NSW, the principles of law discussed are those in NSW only.
Conundrums in Wills and Estate Planning Read More »
https://www.youtube.com/watch?v=_qCeb3ULZyM The Estate of Dean John Edmunds [2025] NSWSC 223 (18 March 2025) – Slattery J This case involved an application made by the Deceased’s mother (plaintiff) for Letters of Administration in her capacity as a creditor of the estate. Facts: The Deceased died intestate. The Deceased had been married twice before but was divorced
Applications for Administration by Creditors – Conflicts of Interest Read More »
https://www.youtube.com/watch?v=kuHg-Hcflq8 The Estate of Mimi Milka Jaksic (Berger) [2025] NSWSC 253 – Hammerschlag CJ This case concerned an application for a Grant of Probate of a missing Will and Codicil. The Deceased was a Serbian immigrant and a well-known Artist, who left a sizeable estate in excess of $24 million comprising of real property, cash
Probate – Presumption of Revocation by Destruction Read More »
