by Cameron Shaw | Mar 23, 2015
No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as a 75% in favour, but as a not more than 25% against. It’s a two stage process. First, the Special Resolution needs to “pass”, that is, a majority must...
by Cameron Shaw | Mar 23, 2015
Simple ‘husband and wife’ (or partner) wills are ‘mirror’ wills (to be distinguished from ‘mutual wills’) where each testator: appoints their partner executor; leaves their entire estate to their partner; alternatively if their...
by Cameron Shaw | Mar 23, 2015
Under NSW law certain people are entitled to inspect or obtain a copy of the will. The list is set out in Section 54 of the Succession Act 2006. Some of the persons included in that list include the surviving spouse or partner of the deceased, anyone named in the...
by Cameron Shaw | Mar 23, 2015
The burden of proof in proving that a will was executed under unlawful pressure (“undue influence”) falls on the person trying to prove it. Naturally as the will-maker will no longer be alive at the time you want to prove this, this can be a challenging...
by Cameron Shaw | Mar 23, 2015
You need a will if you want to control what happens to your assets after you die. You should also have a will if you want to make the administration of your assets easier for the person who survives you and ends up with that responsibility. Without a will your estate...
