When an individual’s expectations in a Will are not met, this can lead to conflict with the Executors and other family members. Binay Prasad, Senior Associate and Accredited Specialist (Wills & Estates) looks at a VSCA decision in the matter of Vanta Pty Ltd v Mantovani.
The Family Court has far reaching powers when dividing property (including an inheritance) between separating spouses. Expert legal advice is essential in order to reduce or eliminate the risk of a successful family law claim against an inheritance. Binay Prasad, Senior Associate and Accredited Specialist (Wills & Estates) explains.
If the original trust deed is lost, misplaced or accidentally destroyed, this can lead to advserse financial and tax consequences. Binay Prasad, Accredited Specialist (Wills & Estates) provides an update following a decision in March 2023 by the Victorian Supreme Court of Appeal.
A Probate Caveat is a legal notice that essentially acts as a warning to the Supreme Court against issuing a grant of Probate until there is confidence in a basis for believing the validity of the Will being put forward by the executor of the estate, as Sarah Slattery explains.
A Grant of Probate is a certificate given by the Supreme Court of Victoria to the effect that the Will of a deceased person has been proved and administration of that person's estate has been granted to the executor proving the Will. Our Wills & Estates team explains.
If you have been left out of a Will in Victoria, there are two key claims that can be made: a claim to invalidate the Will, or a Part IV claim, which claims that the Will Maker (Testator) has not made adequate provision for a person whom they had an obligation to provide.
