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Wills, Estate Planning & Probate Blogs

When an Inheritance Affects the Age Pension: Why Good Estate Planning Looks Beyond the Beneficiary

Leaving an inheritance to a loved one is usually intended to improve their financial position. But what happens when the person receiving that inheritance is an Age Pension recipient?

What Letters of Administration With the Will Annexed?

Letters of Administration with the Will Annexed means that there is a Will, but either no executor has been appointed in the Will, or the appointed executor has died or is unwilling

What is an Informal Will?

An Informal Will refers to an estate planning document that does not meet the formal legal requirements for making a valid Will. Informal Wills often arise when someone attempts to

Separated But Not Divorced: Who Gets the Inheritance in South Australia?

The law still recognises a spouse as legally married until a divorce order becomes final. As a result, issues involving separated but not divorced inheritance can become complicated

How to Administer an Insolvent Estate

When an estate appears to have more debts than assets, it’s understandable to wonder why anyone would take on the task of administering it. While finalising the deceased’s affairs is

Can an Executor of a Will be Paid?

Sometimes parties may be nominated as an executor in a Will where their relationship to the deceased is one of a trusted friend or acquaintance. Similarly, where there is

What are Mirror Wills?

Mirror Wills are two separate Wills, one for each partner, containing the same or closely aligned instructions regarding the distribution of their respective estates. Each Will mirrors the

What is Testamentary Capacity?

Testamentary Capacity is the standard required of a person wanting to make a Will. The Willmaker must understand the document being created, its effects, the extent of their assets

How Long Does Probate Take in South Australia?

Probate is the process whereby it is established that the Will is valid and represents the final testamentary intentions of the testator, or in legal terms, the proving of the Will.