Generally, an eligible person will succeed in a challenge to a Will if they have been left without adequate provision and they can demonstrate some financial need. Provision will not usually be refused except in exceptional circumstances, such as where there are minimal assets in the estate or where there
Applicants who challenge wills in order to gain a greater share of an estate (and their solicitors) have long taken comfort from the 1994 decision of Singer v Berghouse. In that case the High Court said that, generally, costs orders will not be made against unsuccessful applicants and that everyone’s
Many Australians appreciate the benefits and convenience of retirement village living. But some retirement village ownership structures require special care in Will drafting, or the estate may not pass as you expect.
It is important to ensure that everyone has a current Enduring Power of Attorney in place, particularly members of self-managed superannuation funds (SMSFs).
The recent Queensland Supreme Court case of Underwood v Underwood [2008] QSC 159 was decided in July this year.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.