By Teigan Hutchison Summary: What happens to debts when you die? This article explores the treatment of different debts, such as HECS or education debts, outstanding tax owed to the …
What happens to my will when I divorce or separate from my spouse?
By Teigan Hutchison Divorce and separation are complex issues that can have significant emotional, and legal ramifications. The Family Law Act 1975 (Cth) (‘Family Law Act’)[1] serves as the primary …
It’s 2023, why can’t a minor make a will?
By Teigan Hutchison Generally, except in limited circumstances, a person under the age of 18 cannot create a valid will. However, in the modern landscape, it is becoming more …
What is a Family Provision Claim?
By Estephen Bugarin For most people, it is common practice to draft and leave a will after their passing. The contents of the will may seek to provide various …
Do I need to make a will?
I’m only in my forties, young and healthy. Do I need to make a will? Answer is YES. Though we have every reason to believe you will enjoy your life …
Wills drafting and the changing nature of property: cryptocurrencies, NFTs and more
In a world of increasing decentralised assets and unregulated markets, the way we view property, and what constitutes property must shift also. This is particularly relevant when drafting a will …
Ruling from the grave: Who determines funeral arrangements?
Elderlaw Legal Services, a division of Foulsham & Geddes Pty Ltd, acted for the plaintiff in Supreme Court proceedings last Christmas 2020 regarding funeral arrangements. After three weeks in a …
What is a statutory will?
Statutory wills are most commonly made for people who suffer from disabilities and/or conditions related to advanced age. The Succession Act 2006 (NSW) (“Act”) (s18) empowers the Supreme Court of …
The pitfalls of handwritten amendments on a Will
A will is an important document in managing your personal affairs and can, in many cases, be an effective tool in preventing costly litigation for your family after you …
Know your rights as beneficiaries in a Will
Beneficiaries named in the Will of the deceased, you have the following rights. The right to see a copy of the Will. If you are a beneficiary named in any …