An old client contacted me the other week. His accountant has told him that one of his clients had died leaving behind multiple companies of which he was the director and no Will. The companies will now languish until one or more administrators are appointed by the Supreme Court. Even with a will, the companies […]
Are you a Sole Director? Read More »
Another case was handed down involving the bequest of a house where the house had been sold prior to the testator’s death. Usually, the gift simply fails, because the testator is assumed to realise the implications, but in this case, the owner was legally incapacitated and an administrator had been appointed to manage his affairs.
I received an enquiry from lady whose father passed away 5 years ago, and despite obtaining probate nearly 5 years ago, the executor has done much nothing to wind up the estate. In particular, the executor has failed to lodge a transmission application to transfer the father’s house to his name, and has left it
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We were instructed to seek letters of administration in favour of two sisters of a lady who died about a year ago now, leaving no Will. The deceased left behind a husband, but no kids, so her estate is shared roughly equally between her husband and her siblings. Our clients were happy for the husband to
Just as everyone should have a Will to ensure their assets are disposed of according to their wishes, and not according to the outdated Administration Act of 1903, everyone should have a binding death benefit nomination for their super and any associated life insurance, otherwise it is left to the discretion of the trustee. Couples
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This week we received a referral from another lawyer to prepare the paperwork necessary to effect a transfer of one third of a property from a deceased estate to one beneficiary, in specie, i.e by direct transfer, and for the that person to buy the other two thirds from the estate, with the other 2
Help with a Deceased Estate Read More »
I was reading a recent case yesterday about a lady whose husband passed away with no will, a small estate, $500k in super and no binding death benefit nomination. She applied for letters of administration, but she also asked the super fund to pay all of the super to herself. Unfortunately, this put her in
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I saw a couple of sisters for some advice about obtaining probate or alternatively, letters of administration. Their late father told them that he had made one of them his executor, but as yet, they have not found the recent will. They might be left with an older will which appointed his wife as executor,
Executor’s Of Deceased Estates Read More »
Last week we attended the longest day’s mediation we’ve ever been involved with. We did not get out until after 7.00pm. We almost finished settling six related Court actions. Our clients have settled with the plaintiffs, but the plaintiffs and another party are still arguing about costs, so it may be a little while yet
Longest Mediation Session Ever! Read More »
We have been having fun obtaining letters of administration for the estate of a man from Lithuania. We have needed: certified copies and translations of Lithuanian birth and death certificates; explanations as to why the names differ on the certificates; and why the deceased transposed an “R” and an “N” in his surname on arriving
Letters of Administration in Lithuania Read More »