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23/07/2024

Time Limits and Family Provision Claims

Those who are considering challenging a will by making a family provision claim need to be aware that time limits apply within which their application must be made. Each State and Territory has its own legislation governing family provision claims. Some jurisdictions run the time from the date of death while others run the time from the date of the grant of probate or letters of administration.

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10/04/2024

Why Estate Planning Should Not Be Delayed, Especially During a Property Law Settlement

At FGD, we care about achieving the best outcomes for you in your family law matter, particularly when it comes to achieving a fair division of your shared assets and ensuring proper care arrangements for your children. We also care about ensuring that your intentions can persevere in the long-term in the event of your death, which may happen unexpectedly.

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27/02/2024

Do I need a Will? What happens if I don’t have one?

Making a will is something most people have on their to do list. Not everyone gets around to it though. It is estimated that about 50% of Australians die without a valid Will. Do you need a Will? The short answer is yes.

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07/09/2023

Does getting married revoke a Will? The effects of marriage on a Will in Australia

It is estimated that approximately 50% of people will die without a valid Will in place. This probably comes down to a combination of avoiding thinking about uncomfortable topics and life being too busy. Not everyone who dies without a Will does so intentionally. Some people actually make the effort...

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14/10/2022

Why Make a Will When It Can Just Be Challenged Anyway?

We are often asked the question, “Why make a Will when it can just be challenged anyway? It seems like courts do not uphold a person’s wishes even if there is a Will, so why bother?” You should definitely make a Will for many reasons. Most importantly, so that your...

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21/01/2022

How do I get a copy of a Will and who is entitled to obtain a copy of a Will in Australia?

The death of a family member is distressing. Dealing with a challenge to a Will, family contesting to a Will, or uncertainty about what the Will means can compound that grief. Our clients will often come in to see us not knowing what the Will says or what the previous...

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12/08/2020

Covid-19 – Electronic Signing and Remote Witnessing of Legal Documents via Audio-visual Link

Given the unprecedented times we are experiencing, we all reflect on our lives and whether we have done enough to ensure our plans are robust to withstand an uncertain future.  This may include one’s estate planning. In our article in these uncertain times we have got you covered, we outlined...

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16/04/2020

Challenging a Will in the Australian Capital Territory

A key concept in the law of Wills is the freedom to divide your estate as you see fit. In the ACT, if a willmaker had capacity to make a Will, intended the document to be a Will, knew and approved of the Will’s contents, and was not subject to...

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04/10/2019

Farrar Gesini Dunn’s Estates Team Recognised Again in Doyle’s Guide

We have built and developed our practice to offer the highest quality legal advice in the areas of Wills, estate planning, probate and estate administration. We are committed to doing things differently and providing the kinds of services our clients want.

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25/09/2019

Top Ten Things to Consider When Making a Will

Your beneficiaries are those who will inherit your estate assets when you pass away. You should also consider substitute beneficiaries in the event your primary beneficiaries do not survive you.

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06/06/2019

Dead Man’s Sperm

With the advent of new technology, our laws and legislation have had to catch up with circumstances where sperm can be collected from a deceased person for the purpose of posthumous insemination.

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09/05/2019

Beware of the DIY Will

We have written previously in our FGD blog about the dangers of using a DIY Will Kit. However, cases such as that of the Estate of Peter Reid highlight the extent to which it could all go pear-shaped if a Will is done incorrectly. The deceased, Mr. Reid, left a...

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