Wills & Estates

My husband passed away a few months ago and he did not leave a will. Someone has asked who the executor of his estate should be, but nobody was named? What happens now?

There are rules laid down by law about how assets are to be distributed when there is no will. Briefly, a surviving spouse (this includes a domestic partner) receives the whole estate if there ...

My father had a will from a kit that he signed but there are no witnesses. He left everything to my dead sister and me. Is it valid and do my sister's children get her share?

The court does have power to recognise a will if the proper formalities have not been met. It must be satisfied that the document was intended to be a will, and represented his wishes. Obviousl...

My husband never told me he wanted to donate his organs and it wasn't in his will, so when asked, I said no. I later found out it was on his license; should I have said yes?

It is important that organ donation consent is registered on the Donor Register. It is the only national register for organ and tissue donation for transplantation after death. Despite your husband...

My wife recently died and wanted to pay her debts from her super. We also had a life insurance policy; can I use this too to pay her debts?

Life insurance policy proceeds are not to be used for payment of estate debts except for funeral or testamentary expenses. Unless your wife specified in her will that she wished otherwise with a co...

Are grandchildren eligible for a family provision order against a will or estate?

In order to obtain a family provision order, The Succession Act 2006 (NSW) requires that eligible grandchildren prove that at any particular time they were a dependent of the deceased ...

I'm thinking of appointing my daughter as my executor. What would this actually involve for her?

An executor is someone who looks after your estate and carries out your instructions when you die. It is not always an easy task and it is advisable to appoint someone who has a reasonable understa...

My mum has Alzheimers & doesn't have an Enduring Power or Guardianship Appointment, What can we do?

"My Mum is in the early stages of Alzheimers, and does not have either an Enduring Power or a Guardianship Appointment. She knows she should have them both. She has days when she is quite s...

I know that if I die without a will my estate goes to my children, which is what I want. Why should I bother with a will?

"I am a widower. I know that if I die without a will my estate goes to my children, which is what I want. Why should I bother with a will?"

You don't need one, b...

Our children are in their 30's and have families of their own; do they need a Power of Attorney?

Although we think of dementia of the elderly as being the likely producer of a lack of mental capacity, it is not the only one. Alzheimers is not exclusively an illness of the elderly, and ...

My mum has dimentia and has appointed my brother as her guardian, what can I do?

“My brother got my Mum to appoint him as her guardian even though I have always been far more involved with her care. She is in the early stages of dementia and I don’t think she really...

What types of things will my lawyer want to discuss with me in developing my will?