by Telemon Admin | Feb 5, 2021
Testamentary capacity is defined as the mental capacity of a testator while executing their will. A case, (Banks v Goodfellow (1870) LR 5 QB 549) affirmed by multiple Australian authorities including the New South Wales Court of Appeal in (Mekhail v Hana [2019] NSWCA...
by Cameron Shaw | Mar 2, 2018
If you have executed an enduring power of attorney, you as the donor have signed a document that gives another person, the attorney, the power to deal with your financial matters on your behalf, even when you can no longer act for yourself. Anything your attorney does...
by Cameron Shaw | Feb 17, 2018
What is a blended family? A ‘blended’ family can take many different forms. Typically it might be where a testator (the will maker) has children to a first marriage or partnership, that relationship ends, and he or she enters into a relationship...
by Cameron Shaw | Feb 2, 2018
Under these circumstances, the position of administrator becomes vacant. The rule that the “executor’s executor” assumes the administration of the deceased executor’s estate (which is set out in Section 13 of the Imperial Acts Application Act 1969 (NSW)) DOES NOT...
by Cameron Shaw | Feb 2, 2018
To make a claim on an estate (a claim for “provision”) a person must first an “eligible person”. The definition of eligible persons set out in Succession Act 2006 (NSW), s 57, includes (perhaps obviously): the spouse of the deceased at the...
