Dealing with Superannuation and Insurance Payments in your Will
Payments generated upon death from superannuation funds are not typically assets of a deceased person’s estate. They sit separate and...
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Andrews Crosthwaite
Feb 13 min read
Companies requiring a Power of Attorney & Directors Requiring a Will
Companies requiring a Power of Attorney Whilst it’s not required by law, it might be important for a company to consider executing a...
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Andrews Crosthwaite
Nov 27, 20233 min read
When should you be updating your will?
A Will is a “living” document and should be reviewed regularly to ensure that it is up to date and remains consistent with your wishes....
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ASAP Lawyers
Jul 24, 20232 min read
What type of property cannot be given by a will?
Not all property can be given by your will. Below is a list of some examples of property that cannot be given by your will.
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ASAP Lawyers
May 16, 20233 min read
Can a grandchild of the deceased make a Part IV claim?
If you’re a grandchild of the deceased and have been left out of the deceased’s Will, you may be in a position to make a Part IV claim.
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ASAP Lawyers
Nov 18, 20223 min read
Challenging a Will - The Process for Part IV Claims
If you’ve been left out of a Will or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim.
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ASAP Lawyers
Nov 2, 20222 min read
What is intestacy?
The intestacy provisions of the Administration and Probate Act 1958 apply when a person dies without a valid will.
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ASAP Lawyers
Sep 27, 20222 min read
What are Letters of Administration?
Letters of Administration are granted by the Supreme Court when a person dies without leaving a valid Will.
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ASAP Lawyers
Sep 5, 20222 min read
What is a Testamentary Trust?
Testamentary Trusts are discretionary trusts established via a Will.
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ASAP Lawyers
Jul 29, 20222 min read
What is the required testamentary capacity when making a will?
When making a will the testator (person who is making the will) must have the required mental capacity and intent.
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ASAP Lawyers
Jul 15, 20222 min read
Separated by not divorced? What happens to your will?
If you are separated but are not yet divorced, under the law you are still considered married and your Will assumes the same.
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ASAP Lawyers
Jul 11, 20222 min read
What is a binding death nomination?
Unlike other assets, a person’s superannuation does not automatically form part of their estate. A binding death nomination is important.
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ASAP Lawyers
May 26, 20223 min read
How is the property of a deceased person distributed outside a will?
The property of a deceased person can be distributed in a number of ways. You must take care when dealing with your property in a will.
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ASAP Lawyers
Apr 13, 20222 min read
Letters of Administration with the Will annexed
When a person dies with a Will, however, the named executor has died, renounced, cannot be found or is unable or unwilling to act in the...
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ASAP Lawyers
Jan 14, 20223 min read
Challenging a Will - Part IV Claims
An application under Part IV of the Administration and Probate Act 1958 Victoria is a claim made against a deceased’s estate. Such an...
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ASAP Lawyers
Jan 11, 20222 min read
What is Probate?
Probate is an order of the Supreme Court that gives a person to administer the estate of the deceased person.
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ASAP Lawyers
Dec 2, 20212 min read
What is an executor of a Will?
When you make a Will, you appoint an executor. The executor to a Will is responsible for carrying out someone’s final wishes after they...
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