Contesting A Will Articles

STEPCHILD OR ADOPTED CHILD? IS THERE A DIFFERENCE IN QUEENSLAND? - July 2011
There is immense confusion about the entitlements of a stepchild, that is, the relationship between a child and the partner of that child’s biological mother or father.

NOTIONAL ESTATE OR EMOTIONAL STATE - June 2011
Under the existing Australian Succession Legislation an eligible person may make an application for further provision from the estate of a deceased person in the form of a family provision order.

JOINT TENNANCIES A NEW APPROACH FOR CONTESTED ESTATES - June 2011
This is a claim brought on behalf of two children of the late Leoni Robin claiming that they had not been sufficiently provided for out of the estate of their late mother.

ORAL PROMISES MADE BY A DECEASED TO LEAVE ASSETS TO A CARER
AND ITS ENFORCIBILITY IF NOT PROVIDED IN WRITING - November 2010

Often people make promises that they do not keep. Generally if a person promises
to leave you something in their Will but doesn’t, this in it self is not usually
enforceable.

NEW CHANGES TO SUCCESSION PLANNING - February 2010
In amendments to the Succession Act, assented to on the 9th June, 2009 commenced this year.  Under NSW Intestacy Law before this amendment came into effect spouses were entitled to the whole of the estate if the value of the estate excluding household chattels did not exceed $200,000.00, if the value of the estate exceeded $200,000.00 the balance was distributed between the surviving spouse and any children.  The surviving spouse received the $200,000.00 plus household chattels and basically the balance was equally distributed between the spouse and children of the deceased.

 

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