News and Insights

The short answer is that they were both at the centre of a recent tragic event that occurred at a NSW aged care facility. On 5 July 2023, a 95-year-old resident in the facility was tasered by police, and later passed away. In a performance report u

It is usually a very emotional and difficult time when someone close dies. This can be further exacerbated if upon reading the person’s Will, a loved one feels that they have not been treated fairly by the deceased. In this article, Special Counsel

All too often, succession lawyers come across original Wills which have been unstapled and restapled (sometimes many times) or which bear the telltale sign of a paperclip-shaped rust mark or the ghost of a tight bulldog clip. The problem with this i

If you’re the executor of a deceased person’s Will and a claim is made either by a beneficiary or someone who thinks they should have been a beneficiary, then your job is much harder. Executors stuck in the middle of warring parties should: c

After a person dies, the beneficiaries of their estate (and other relevant persons and organisations, such as banks) are usually provided with a copy of the deceased’s last Will, if they made one. Who can receive a copy of a Will legally? The law

1. What is a Special Disability Trust? A Special Disability Trust (SDT) is a trust established by parents and immediate family members for the future care and accommodation needs of a person with a severe disability. There can be significant advant

A person must have testamentary capacity at the time they make a Will. But what does that really mean and what happens if a Will is made without it?  What is testamentary capacity? The term testamentary capacity means a willmaker’s aptitude/abil

Being left out of a Will is likely to be a very confronting experience, especially during a time of grief.   There are many reasons why a person may exclude someone who may be a likely beneficiary when making their Will. While a person can general

In an earlier article we addressed what can go wrong in failing to properly plan for the continuing care of your disabled adult child if you should die. In this second part we explore the continuing crucial theme of proper planning for yourself an

It is a life-long devotion to duty for a significant proportion of the over 2 million family carers in Australia, namely, parents (often elderly) caring for their disabled adult children.  Longevity, however, is not all that it's cracked up to be.

What is a Family Provision Application? A Willmaker generally has the right to make a Will leaving what they own (or their estate) to anyone they choose including family, friends, charities and so on.  However, it is important to understand that i

Just imagine it – this is the year - the year you lose your capacity to make your own decisions. What would life be like? For one thing, it will mean that you won't be making your own decisions – someone else will be. That person is likely to be