Blog
Category: Deceased Estates
Who has the right to make decisions about a deceased's body?
Understanding who holds the legal right to make decisions about what happens to the body of a deceased person is essential for ensuring the deceased's wishes are respected and avoiding disputes during an already difficult time.
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Advantages of professional advice when making a Binding Death Benefit Nomination
When considering a Binding Death Benefit Nomination, professional advice can be valuable to ensure the nomination is valid, complies with relevant legislation, and fits within your broader financial and estate planning strategy.
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Can I sell property of a deceased estate before probate is granted?
If you're handling a deceased estate with real property in NSW, you can list the property for sale and even exchange contracts before probate, but formal property transfer needs to wait until probate is granted. The contract must stipulate settlement subject to probate.
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Executor duties when dealing with property of a deceased estate
In NSW, an executor of an estate has several responsibilities when handling the real estate of the deceased. Beyond simply selling the property, they must carefully manage it to protect its value and comply with the legal requirements imposed on them as the executor.
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How can I stop my kids from challenging my Will?
Contemplating leaving a child out of your Will is a common issue that arises in families, particularly where one or more of the children are seen as the “black sheep”. In very general terms, kids might challenge the Will you make in three areas.
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Disclaiming an inheritance left to you in a Will
You may think that it is strange to consider not accepting a gift, whether it is under the terms of a Will or where there is no Will. But there can be very good reasons to disclaim an inheritance.
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What can be done if the original Will is missing or lost?
We have recently received a number of queries where the original Will of the deceased is missing or lost. It may be that a copy of the Will has been found but not the original document. The question then is what to do and whether a Grant of Probate can still be made where only a copy of the Will is located.
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When do you have to get a Grant of Probate?
Often, when getting started with the administration of a deceased estate, the focus is to work towards preparing a Grant of Probate. But, is it always necessary to obtain a Grant of Probate? The answer is, often, but not always.
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Can I stop my children receiving inheritance at 18?
This blog looks at two options for delaying the age at which your children receive a share of your estate. The first is to “take a risk’ and second is to create a Discretionary Trust.
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Can I donate my body, organs or tissue upon my death?
In this article, we address common questions related to organ and tissue donation after death, together with how body donor programs work.
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Risks of DIY probate
We explore the risks and dangers of DIY probate after the death of a loved one including significant delays, frustration, and usually inevitably, further costs.
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Is my family or discretionary trust included in my estate?
If you have assets in a family or discretionary trust or you’re looking to create a family or discretionary trust, then the way the trust would be dealt with under your Will or estate should be considered.
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