Estates | ASAP LAWYERS FINAL

What is the required testamentary capacity when making a will?

When making a will the testator (person who is making the will) must have the required mental capacity and intent.

Separated by not divorced? What happens to your will?

If you are separated but are not yet divorced, under the law you are still considered married and your Will assumes the same.

What is a binding death nomination?

Unlike other assets, a person’s superannuation does not automatically form part of their estate. A binding death nomination is important.

Letters of Administration with the Will annexed

When a person dies with a Will, however, the named executor has died, renounced, cannot be found or is unable or unwilling to act in the...

Challenging a Will - Part IV Claims

An application under Part IV of the Administration and Probate Act 1958 Victoria is a claim made against a deceased’s estate. Such an...

What is Probate?

Probate is an order of the Supreme Court that gives a person to administer the estate of the deceased person.

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