What is a Superannuation Binding Death Nomination?
If a nomination is binding and valid, the trust has no discretion and must pay any death benefits in accordance with the nomination.
There is no re-writing the will of the Testator during the course of a will contest
Gibbs J in Hughes v National Trustees, Executors and Agency Co of Australasia Ltd (1979) 143 CLR 134, 146 (Hughes) said that “the court is not entitled to re-write the will of a testator in accordance with its own ideas of fairness or justice.”
What is the meaning of consortium vitae?
Partnership for life. This term is a synonym for the marital relationship.
Copy of order to be annexed to Probate following a will contest
In NSW, generally the legal representative of the estate sends the original grant and a sealed copy of the final family provision order to the Probate Registrar, who attaches a copy of the sealed orders to the grant.
Joiner of the holder of notional estate when contesting a will
If a notional estate order is to be sought with respect to any property, it is usual to join the legal owners of the notional estate as defendants, together with the representative of the deceased’s estate.
Duty of disclosure when contesting a will
The Defendant is the administrator of the deceased’s estate and is duty bound to provide to the court, and to the Plaintiff, precise details of the nature and value of the deceased’s estate at the date of death.
Family farms or businesses when contesting a will
The presence of family farms or family businesses can sometimes have a significant impact upon the outcome of family provision cases, especially if the estate does not have other assets to meet family provision claims.
Will contest applicant in receipt of a pension or welfare
An applicant in receipt of a pension or welfare is a matter to be taken into account in considering a claim for provision.
What is a Blind Trust?
A trust in which the beneficiary is unable to inspect the trust instruments (including the trust accounts).
What is an Express Trust in will contests?
An express trust is one created by express language evincing an intention to create a trust.
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