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    The foundations of Estate Litigation

    By Andrea Harrold on Mar 18, 2020 11:59:04 AM

    Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.

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    Who can dispute a Will?

    By James Frank on Feb 21, 2020 11:00:57 AM

    The Succession Act 2006 (NSW) is the piece if legislation that deals fundamentally with the affairs of an individual surrounding the act of succession, that is passing of property to another.

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    Can handwritten notes on a Will be valid?

    By Andrew Frank on Sep 6, 2019 12:57:46 PM

    The recent decision of Estate of the late James Sundell [2019] NSWSC 1108 highlights the issues and complexities that surround making handwritten amendments to a Will after it has already been signed.

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    When a Will is made in suspicious circumstances

    By Andrew Frank on Aug 22, 2019 5:10:00 PM

    If you are concerned that a Will was signed in suspicious conditions, you are able to challenge it. The NSW Court of Appeal in its recent decision of Mekhail v Hana; Mekail v Hana [1] had reason to consider this question and identified the major legal principles to be considered for a suspicious Will.

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    Succession Planning and Company Constitutions

    By Andrew Frank on Jul 31, 2019 11:53:10 AM

    There is much more to succession planning than simply putting in place a generic Will, and a Power of Attorney and Guardianship appointment document.

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    What to do when an Executor puts the Estate in jeopardy

    By Andrew Frank on Jun 6, 2019 11:08:10 AM

    The sense of loss and grief after losing a loved one is heightened when the Executor seems to be unwilling or is unable to process the Will by applying for the grant of probate. A delay can see the assets devaluing.

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    4 Benefits of a Testamentary Trust Will

    By Andrew Frank on May 21, 2019 4:16:00 PM

    A Testamentary Trust Will is used to give a legacy to one or more beneficiaries by utilising a trust for each beneficiary.   

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    Why we don't recommend Mutual Wills

    By Andrew Frank on May 20, 2019 12:32:37 PM

    What is a Mutual Will?

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    Why you need to update your will when you have separated

    By Katherine McCarthy on Apr 26, 2019 3:18:00 PM

    There are key events for which people should immediately update their estate planning documents, such as a marriage, a death of a spouse, a breakdown of a marriage or a birth of a child. Without updating your will with these changes, they will not be considered when your will is executed.  

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    How many anniversaries do you need to have until you have a claim on your de facto partner's estate?

    By Andrew Frank on Apr 2, 2019 4:16:54 PM

    In the matter of the Estate of Hawkins; Huxtable v Hawkins [2018] NSW SC 174, Mr Justice Lindsay was asked to consider whether the Plaintiff could successfully bring a claim against the estate of her de facto partner when the relationship was of only 3 years standing.

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