28 February 2018

What to consider when choosing an executor, trustee or guardian

The Executor and Trustee of your Will is a person, or persons, who you appoint to carry out your wishes as contained in your Will.  They must apply for a grant of probate of your Will which means they must prove they are who they say they are, how much the estate is worth and […]

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22 February 2018

The forfeiture Rule on the front pages

As we reported late last year on this particular story we were very pleased with the decision in this case as we acted for the beneficiary who ultimately received all the estate. As we said then, we say again now – it was the right decision of the Court. Inheritance is very often a strange […]

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6 February 2018

How to go about challenging a Will and what to consider

Contesting a Will has a number of names: challenging a Will, estate litigation, making a claim under the Family Provision legislation or a Testators Family Maintenance Claim.  Some of these are the same, but within a Will challenge there are many possible types of challenge. The main type of challenge overwhelmingly is a Family Provision […]

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5 February 2018

Who can contest my Will and how do I best protect against estate litigation?

When it comes to who can actually challenge your Will in WA, the list includes parents, married spouses, de facto spouses, ex-spouses in some cases, children, grandchildren and step-children.  Notably absent are siblings, cousins, carers, friends and everyone else.  If they are not on the above list, they cannot challenge under the Family Provision Act. […]

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1 February 2018

The power of an Advance Health Directive

A remarkable article from the New Yorker here, deeply troubling, horrifying but also one that probes very significant questions on when a person is dead, or not. A young girl suffers irreversible and catastrophic brain injury from what looks like medical malpractice from a tonsillectomy, in a California hospital. Which is horrifying enough, but then […]

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