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Category: Wills & Estate Planning


Time limits for family provision claims when contesting a Will

Time limits for family provision claims when contesting a Will

There are strict time limits that apply for an eligible person to contest a Will. This blog explores what a family provision claim is, the time limit for an applicant to bring a claim against an estate, and factors that the court will take into consideration when determining whether that time limit should be extended.
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What if my attorney takes advantage of my power of attorney?

What if my attorney takes advantage of my power of attorney?

The powers granted to an attorney under a Power of Attorney may be significant. This creates the risk that some attorneys may abuse their appointment for personal gain. We look at ways you may prevent an attorney from taking advantage of your Power of Attorney what to do if you suspect that they are taking advantage of their position.
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Executor commission

Does the executor of a Will get paid?

The tasks an executor undertakes can sometimes be complex and time consuming. An executor of a Will may seek payment for their efforts and time in administering an estate.
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Can I make handwritten changes to my Will?

Can I make handwritten changes to my Will?

When updating a Will, some people may be tempted to simply handwrite and initial changes on the original Will. This poses the question, “are handwritten changes to my Will valid?”
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What happens if I die without a Will?

What happens if I die without a Will?

Having a valid Will enables you to decide who receives your estate after you die. If you die without a valid Will, the law decides who gets your assets. This is referred to as the laws of intestacy.
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What happens if the original Will is missing or lost?

What happens if the original Will is missing or lost?

In this article, we look at your options if you’re the executor of an estate and the original Will is missing or lost.
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Mediation in family provision claims when contesting a Will

Mediation in family provision claims when contesting a Will

As part of a family provision claim (contesting a Will or estate), you will be required to participate in a mediation to try to resolve the dispute outside of court.
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Can I be left out of a Will due to estrangement?

Estrangement in family provision claims

We explore how estrangement is treated in family provision claims, and what a Will-maker may be able to do to protect their assets from potential claims contesting a Will.
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How to remove an executor or administrator of a deceased estate

How to remove an executor of a Will

In Victoria, an executor of a Will or administrator of an estate can be removed from the process of administering a deceased estate if they are considered unfit for their role or have not administered the deceased estate properly.
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Effect of marriage, divorce or separation on your Will

What is the effect of marriage, separation or divorce on your Will?

If you have recently divorced or are considering marriage or have re-married, these events can significantly affect your Will, including revocation.
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Undue Influence Towards a Will-Maker

What is undue influence towards a Will-maker?

If you have suspicions that a vulnerable or elderly family member has been unduly influenced in drafting or changing their Will, you may wish to challenge the Will’s validity on this basis.
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Estate planning for blended families

Estate planning for blended families

Wills for blended families take into consideration scenarios where you’ve separated and subsequently re-partnered, and you have children from a previous relationship and/or children/stepchildren with your current partner.
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