News

Deceased Estates – What Happens When Executors Don’t Agree?

When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and these individuals normally need to work cooperatively to execute the duties of […]

Dying Intestate – The Perils of Not Making a Will

It is absolutely crucial that you make a Will to avoid the perils of dying intestate. A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive […]

Appointing a Solicitor as Executor of your Will

  An executor is a person who will carry out the instructions in your Will once you have passed away. In general, you can appoint any person as executor of your Will, this includes solicitors. It is not uncommon for a solicitor to be appointed executor of a Will. The advantage of having a solicitor […]

Why having a shareholders’ agreement is an important part of business succession planning

As a business owner, having a properly drafted shareholders’ agreement as part of your estate planning while not compulsory is a helpful document to assist you in succession planning when it comes to your business. What is a shareholders’ agreement? If there is more than one owner or founder of the business, shares determine what […]

The process of obtaining probate

Probate is a grant made by a Court that ‘proves’ the Will of a deceased person and vests title to estate assets in the executor/s. This is the official process that allows the executor to deal with the deceased’s estate. As the legal personal representative of the estate, the executor must determine the assets and […]

Challenging a Will in Victoria

Claims can be made for further provision from a deceased estate if relatives or loved ones believe that insufficient provision has been made for them however, not everyone is entitled to challenge the validity of a Will. To be entitled to challenge you must have an “interest” in the deceased estate. That means you must […]

Being the executor in a deceased estate

After a person dies someone has to look after the assets of that person and pay the person’s debt. Although the person is no longer here, his or her affairs must be finalised and the person to finalise the affairs is appointed by the Will of the deceased.   Where a person is appointed by […]

Beyond the four corners of the will

Our principal at City Pacific Lawyers, Elizabeth Michael, has published an article in the February Edition of the Law Institute Journal.

Her article discusses the increasing requirement for solicitors to take a holistic approach to estate planning and looking beyond the four corners of the will.