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Estates

Who Gets Your Estate?

Who Gets Your Estate? - Perhaps Not Who You Think, Don't Even Leave It To Chance The primary issue in estate planning is ensuring that your wishes are carried out on your death. It is your property and you should be free to choose to whom it will be transferred on your death, right? Simply put you make a valid will specifying your wishes and appoint a person to carry this out. The reality is of course more complex. Firstly, you [...]

Posted By Category: Estates

Equitable Estoppel: Making a Claim on an Estate

Equitable Estoppel:  You don’t always need a point of law to make a claim. “Death separates us from those we love and cleaves us from our assets”… but what then? An Executor has a duty to uphold the terms of a will subject to reasonable compromise. Persons wishing to challenge a will usually: Commence proceedings pursuant to part 3 of the Succession Act 2006; Commence a will construction suit; Commence a construction suit capacity suit; Allege undue influence, or; Raise an equitable [...]

Who Qualifies to Make a Claim on an Estate?

Making a Claim When You Are Not a Beneficiary There are specific circumstances under which a person can make a claim on an estate even if you are not a named beneficiary. If you believe the will of the deceased is not valid due to the incapacity of the deceased at the time it was written, or that the will is somehow fraudulent or made under duress, or otherwise invalid. Under a Family Provision claim the law requires that eligible [...]

Posted By Category: EstatesTags: , , , , , Post Date: August 29, 2018
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