Over the years, Robertson Hayles Lawyers has encountered many complex deceased estates. This involved tracing of the rightful beneficiaries of the estate in multiple jurisdictions and taking appropriate court action to deal with the estate in a timely and cost-efficient manner. This involvement has been satisfying as we have assisted many beneficiaries from Australia and…
Isaac Stern, an American was one of the world’s greatest violinists of the 20th century. When Stern died aged 81 years in 2001, the executor appointed under his Will auctioned off his legacy intended for his children including autographed photographs, violins and his music collection allegedly to pay off estate debts. Stern’s children sued the…
In WA, there are two types of Powers of Attorney which an individual may enter into: General Power of Attorney Enduring Power of Attorney Rationale for Making A Power of Attorney Many are under the impression that we are only required to make a power of attorney if we are in business, have investment assets…
A checklist for the Intended Executor and Administrator of a Deceased Estate When a person dies with a Will, the executor named in the Will is expected to apply to the Supreme Court for a grant of probate so that the executor has the authority to deal with the assets of the deceased. Similarly, when…
Often, when dealing with estate disputes, we hear family members commenting on the deceased’s mental capacity and querying the validity of the Will made. In estate disputes, the will-maker or testator’s lack of mental capacity to make a Will may form the basis for challenging the Will. Such cases have increased over the years. This…
When a person dies, what must be done before the assets can be distributed to the beneficiaries? If the deceased left a will, the executor named in the will must make an application to the Supreme Court for a grant of probate. When probate is issued, the executor has the power to collect the assets…
In Australia, there are no inheritance taxes payable. There are no capital gains tax payable on a transfer of assets from the deceased to the estate and finally to the beneficiaries. However, as the Australian Taxation Office points out on its website, “There may be some tax obligations for beneficiaries, depending on the nature of…
Recent studies show that about 60% of all Australians have a will with the number rising to over 93% for those aged 70 years and above. Most people who have wills do so as they believe it is important that they provide for their loved ones, primarily their children and their spouse or partner. There…
When a person dies without a Will, the deceased is said to have died “intestacy”. As the deceased did not make a will and choose the beneficiaries of the estate, the beneficiaries are determined by law. A beneficiary of the estate is entitled to apply to the Supreme Court for a “grant of letters of…
He was not my mum’s de facto partner; he slept on the couch! Indicators to determine whether parties are in a de facto relationship in estate disputes. More middle-aged and older Australians re-partner in later life, setting up increasing disputes between the children of an earlier relationship and the de facto partner as each battle…