Easy Ever After

It’s heartbreaking to be left out will or dealing with an unexpected will at this difficult time. But what recourse do you have? Can you challenge being left out of a will? Or if the will seems unusual or suspicious what options do you have? If the deceased had a will, there are two ways […]

It may come as a shock to learn you have been left out of a will. While the testator (will maker) is free to write their will in any way they like, all Australian jurisdictions have special laws to provide for qualifying people who have been left out of the will. These laws are known

A funeral bill is a considerable expense at a difficult time. The typical service can range from $4,000 for a basic cremation to more than $20,000 for an elaborate, personalised services. The person who signs the contract with the funeral home is ultimately responsible for payment. Funeral expenses may be claimed from the deceased’s bank

Probate The process of getting permission from the state Supreme Court to carry out the terms of the will. The court also confirms the it is the correct, valid will. Grant of Probate The executor named in the will should apply for a grant of probate. Once successful the court issues the executor with a

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When you have been left out of a will – family provisions It may come as a shock to learn you have been left out of a will. While the testator (will maker) is free to write their will in any way they like, all Australian jurisdictions have special laws to provide for qualifying people

If a loved one’s will seems confusing or suspicious, the court can help in determining its validity. There are 4 main reasons why a will could be legally challenged as being invalid. The will maker did not have mental capacity. The will maker was unduly influenced. There are suspicious circumstances. There was fraud. 1. Mental

If your loved one has passed and left behind few assets solely in their name, then you may not be required to go to court, regardless if the deceased had a will or not. If the deceased had a will it names an ‘executor’; the person responsible for collecting in assets, discharging debt and releasing

There are very limited circumstances where superannuation may be used to cover the cost of a funeral. The scenarios below are applicable under Australian law, however not all super funds allow early release. Check directly with your super fund to see if you or your loved one have polices that provide early access in these

Looking for a will It’s sad enough to lose a loved one. If you are unsure if they had a will or where it was located, it can compound your grief in this difficult time. We all know how important it is to write a will, however less than half the population have one. There