For a Will to be valid, the Testator (Will-maker) must have had ‘Testamentary Capacity.’ They must have understood and approved of the Will’s contents, and must have had sufficient mental … [Read more...]
The Cost of Estate Litigation
We have previously written about: The importance of having a properly-drafted Will; The role and responsibilities of Executors of a deceased Estate; and How to make a claim against an … [Read more...]
Don’t write your Will on a napkin! See a professional!
We have previously written Wills & Estates blogs discussing the requirements for a valid Will, and the issue of Informal Wills. Now, let's have a look at a recent case in Canada where a man … [Read more...]
Statutory Wills: Part 2 – Court Considerations
We continue our series on Statutory Wills, an emerging area in Estates Law. In part 1, we reviewed 'testamentary capacity' and examined Statutory Wills. Under certain circumstances, courts are … [Read more...]
Statutory Wills: Part 1 – What are Statutory Wills?
We have written previously about making and challenging Wills, including the need for Will-makers to have 'testamentary capacity', and to know and approve of their Wills. We now look at Statutory … [Read more...]
Overturning a Will? Nothing to do with Fairness!
A recent court case has highlighted the difference between overturning a Will and challenging a Will under the Succession Act 2006 (NSW). Two sisters attempted to have their father's Will … [Read more...]
Challenging a Will update! – The Knowledge and Approval of a Will
We have previously written about the validity of Wills and the Testamentary Capacity of Will-makers, and how to challenge a Will through a Family Provisions Claim. Follow the links for more … [Read more...]
Capacity, Influence and the Role of a Lawyer – Challenging a Will
This is the first in our series about challenging a Will. In this series we will deal with testamentary capacity, undue influence, Family Provision Act claims, and the concept of the notional … [Read more...]