grant of representation
Enduring Power of Attorney vs Executor
When planning for the future, it is essential to understand the distinct roles of an Enduring Power of Attorney and an Executor. Both positions involve significant responsibility, but they operate at different times and serve different purposes. Confusing the two can lead to misunderstandings and complications in managing your affairs. This article clarifies the differences … Read more
Has AI Prepared Your Will?
Artificial Intelligence (AI) has rapidly transformed many aspects of our daily lives, including the way we approach legal documentation. Online platforms now offer AI-generated Wills, promising convenience, speed, and affordability. However, while the prospect of using AI to prepare your Will may seem appealing, there are significant risks and challenges that should not be overlooked. … Read more
Will Challenge Series Part 3: Minimising Will Challenges
If you’ve read the first two parts of this series, you might be feeling a bit unsettled about the prospect of your Will being challenged. In this article, we are going to look at proactive strategies for minimising the risk of Will challenges. Note that we use the term minimise. This is because we can … Read more
Will Challenge Series Part 2: Some Common Challenge Scenarios
Questions about potential Will challenge come in many forms, but they often boil down to two really common scenarios: the re-married parent, and the estranged adult child. In this article, we will take a look at each of these and how they often work out. The Re-Married Parent The scenario Chris has three adult children … Read more
Will Challenge Series Part 1: When Can a Will be Challenged?
Did you know that the incidence of Will challenges has risen by around 25% in the past decade? Statistics tell us that approximately 10% of all Australian Wills face legal challenges, but the true number is likely to be much higher because this figure only records challenges which reach a certain legal stage. This would … Read more
Transparency in Estate Planning
Family dynamics can be intricate, and sadly, disputes sometimes arise when it comes to estate planning. A lack of transparency regarding a loved one’s Will can intensify these situations and often lead to Will challenges. This blog post emphasises the critical importance of fostering open communication and transparency amongst family members to help minimise the … Read more
Timely Lodging of a Grant
We sometimes get calls from clients who are concerned they need to engage our services to start working on the estate within a couple of days of their loved one’s passing. We generally advise these clients that there is no rush and that there is not much we can do until the Death Certificate has … Read more
Transfer of Property on Death
Ever wonder what happens to your property when you die? Well, it all depends on how the property was owned during your lifetime. There are three main ownership types, sole ownership, joint proprietors or tenants-in-common. Sole Ownership If you own property in just your name, upon your death this property will pass according to your … Read more
What happens after Probate?
Once it has been determined that a Grant of Representation is required and it has been obtained, it is now time to deal with the assets of the estate. The first step is for the executors to decide what to do with each asset. Any assets that have been specifically gifted to a beneficiary will … Read more
What is Probate?
Simply put, Probate is a court issued document that confirms the Will of the deceased is valid and validates the appointment of the person nominated as Executor in the Will. The Executor will need to obtain a Grant of Probate before they can administer and distribute the estate. The official term for Probate is a … Read more