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.
A Testamentary Trust Will is used to give a legacy to one or more beneficiaries by utilising a trust for each beneficiary.
What is a Mutual Will?
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.
How many anniversaries do you need to have until you have a claim on your de facto partner's estate?
In the matter of the Estate of Hawkins; Huxtable v Hawkins  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.
The Decision of the Supreme Court of the Australian Capital Territory, 29 January 2019 Southwell v Staite  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.