What are International Wills: Do You Need One?

No, they are not the same. A foreign will is a will made in accordance...
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Dying Without a Will: The Rules of Intestacy

Dying without leaving a will is called dying intestate. Roughly one in two Australian adults...

Who Decides What Happens to my Body After I Die?

You cannot “give” away your body under your will, and your control over your body...

Out-of-Pocket: Capping Costs in Family Provision

The Court may make orders capping the costs recoverable by a party in family provision...

The Executor Won’t Seek Probate of the Will: What Can I Do?

If the executor won’t apply for probate, as a beneficiary you have two options. Serve...
executor won't seek probate

Huxtable v Hawkins: The “Living Together” Requirement

Huxtable v Hawkins demonstrates, the living together requirement may be established despite the fact that...
The living together requirement

Can I Claim Family Provision if I Recevied an Early Inhertiance?

Most family provision claims concern the distribution of the deceased’s estate after their passing. So...
Early Inheritance

Does the Executor Need the Consent of the Beneficaries to Reach a Settlement in Family Provision Proceedings?

The Executor has the power to compromise a family provision claim, but do proposed settlements...
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