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Legal Resources and Insights


I’ve Been Told I Lack Testamentary Capacity, But I Want to Write My Will
A person must have testamentary capacity in order to make a valid will, however, issues arise where a person has lost this capacity.


Probate Caveat: An Important Tool if Used Correctly
‘Should I lodge a probate caveat?’ What is a probate caveat and when is filing one necessary?


The Informal Will
A Will that does not comply with the formal requirements is known as an ‘informal Will’.


Notional Estates
One of the more complex and unique concepts in NSW succession law is that of the notional estate.


What is a Family Provision Claim?
In NSW, if certain conditions are met, you can bring a claim for ‘family provision’.


Will my Home Pass to my Children Upon my Death?
A common question with people writing their will is whether upon their death they are able to leave their interests to their children.


Elder Abuse: What is it and in What Scenarios Does it Arise?
Although elder abuse can take many forms most relevant to the topic of wills and probate is financial elder abuse.


The Curious Case of the Mutual Will
Where two or more people agree to (and do in fact) write a will, they have created what is known as a “mutual will”.


Leaving Everything to the Neighbours?
Mrs Harris made a will appointing her niece and a solicitor as her executors. Then, Mrs Harris made a will that revoked all previous wills.


Transgender Daughter Left out of Will Receives $3.225 Million
On 22 March 2017, a 93-year-old Jewish man died. He had two adult children and one was a biological born male who identified as transgender.
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