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 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...]