Mutual wills are two wills made under a binding agreement that neither party will revoke or change their will without the other’s consent. Once one party dies without breaking the agreement, NSW courts can prevent the survivor from departing from it, even though technically nothing stops them from signing a completely different will. Empower Probate […]
What Are Mutual Wills and Can They Be Revoked in NSW? Read More »
A testamentary trust is a trust created by a will that only comes into existence after the will-maker dies. Instead of a beneficiary receiving their inheritance outright, in cash or as direct ownership of an asset, the assets are held and managed by a trustee for their benefit, under terms the will-maker sets in advance.
What Is a Testamentary Trust and Why Use One? Read More »
A Notice of Intended Distribution protects an executor or administrator from personal liability to a creditor or claimant, provided the executor did not know about the claim at the time of distribution. It does this by starting a countdown before distribution, giving anyone with a claim a final, defined window to come forward. Empower Probate
How Does a Notice of Intended Distribution Protect Executors? Read More »
A de facto relationship is proven in NSW by weighing up all the circumstances against factors set out in the law, not by meeting any single fixed test. Under section 57(1)(b) of the Succession Act 2006 (NSW), a de facto partner is an eligible person who can bring a family provision claim, but unlike a
How Do You Prove a De Facto Relationship for a Will Claim? Read More »
A life interest and a right to reside both let someone live in a property after the will-maker’s death without owning it outright, but they carry different rights and obligations. A life interest gives the holder, known as the life tenant, a proprietary interest in the property for their lifetime, including the right to rent
What Is a Life Interest or Right to Reside in a Will? Read More »
Yes, but only in limited circumstances. Under section 58(2) of the Succession Act 2006 (NSW), a family provision claim filed more than 12 months after the date of death can only proceed if the Court grants an extension on “sufficient cause” being shown, or if every party to the estate consents to the late application.
Can You Extend the 12-Month Family Provision Deadline? Read More »
Letters of administration with the will annexed are the grant the Supreme Court of NSW issues when a valid will exists, but no named executor is available to apply for probate. It gives an administrator, usually the main beneficiary under the will, the same authority an executor would have to collect assets, pay debts, and
What Are Letters of Administration With the Will Annexed? Read More »
A stepchild is not automatically an eligible person under section 57 of the Succession Act 2006 (NSW) simply because they were a stepchild. The Act does not define “child” to include a stepchild, so most stepchildren must instead qualify through a different pathway: showing they were a member of the deceased’s household and were wholly
Can Stepchildren Contest a Will in NSW? Section 57 Explained Read More »
NSW Trustee and Guardian is a NSW Government statutory agency that can act as an executor, administrator, trustee, or financial manager for people across NSW. It steps in either because a will names it directly, or because a court or tribunal decides no one else is available or suitable to act. Empower Probate Lawyers advises
NSW Trustee and Guardian Explained: When It Steps In Read More »
Most people assume their will controls everything they own. Superannuation is the exception. Your super fund, not your will, decides who receives your death benefit, unless you have completed a valid nomination. This catches out more families than expected. A parent updates their will after a divorce but forgets the super nomination form. An adult
Superannuation Death Benefit Nominations in NSW Explained Read More »
