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Viewing posts categorised under: Wills

Son unconscionably transfers mother’s property to his name

Posted by Benchmark Lawyers in Probates & Powers of Attorney, Wills | 0 comments

Cohen v Cohen [2016] NSWSC 336 (24 March 2016)

Keywords: power of attorney – breach of fiduciary obligation – unconscionable dealing - special disadvantage  

Unsigned Will deemed as last Will of deceased

Posted by Benchmark Lawyers in Probates & Powers of Attorney, Wills | 0 comments

Re the estate of Allan John Young; Ex parte Young [2015] WASC 409

Keywords: informal will- unsigned- intention to sign- probate granted  

The Relevance of Domicile for Distribution of Estate

Posted by Benchmark Lawyers in Probates & Powers of Attorney, Wills | 0 comments

In the Estate of Milind Bedake [2015] ACTSC 267 (2 September 2015)

The deceased was born on 24 April 1973. He moved to Australia permanently in 1998. On 1 October 2002, he got into a motor vehicle accident and suffered severe head injuries. A letter dated 6 January 2006 from a doctor in the Brain Injury Rehabilitation Unit at a Hospital in the ACT stated that the deceased had no mental capacity to make decisions.  

Wills- order of death and who is entitled to estate

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NSW Trustee and Guardian v State of New South Wales [2015] NSWSC 1121 (12 August 2015)

wills-estates
 

Background

Mother was aged 94 at her passing and son was aged 66. They were both found dead at their Rooty Hill home. The mother was a widow with one child and was not in a de facto relationship. The son was not married nor was there any evidence that he was in a de facto relationship or that he had any children. The son was the full time carer of the mother. If they both died at around the same time- who gets the estate?  

Why Counsel Matters When Writing a Will

Posted by Benchmark Lawyers in Wills | 0 comments

20.12.14

Despite the old saying, where there’s a will, there’s not always a way, at least when the will in question is the legal document that determines what happens after a person dies.