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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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    What if the Beneficiary is bankrupt?

    By Andrew Frank on Mar 19, 2019 11:58:02 AM

    The Decision of the Supreme Court of the Australian Capital Territory, 29 January 2019 Southwell v Staite [2019] ACT SC2 reminds us that under the Bankruptcy Act when a beneficiary who is bankrupt receives money owing under a will it automatically becomes the property of the Trustee to be paid over to creditors.

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    Can a former partner make an estate claim?

    By Andrew Frank on Mar 19, 2019 11:11:36 AM

    The provisions of section 59 of the Succession Act 2006 prescribe that:

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