Szabo & Associates News & Updates

Courts are generally deferential to a Will-makers choice of executor. However, the Court will "pass over" a named executor if it believes there are reasonable grounds to do so. The overarching consideration is whether the conduct of the executor(s) threatens the proper administration of an estate.

What might a widow be worth? This question was considered in the recent NSW Court of Appeal case of Steinmetz v Shannon (2019) NSWCA 114. The case stands as a reminder of the factors the Court will take into account when reviewing the adequacy of financial provision for a widow under the terms of a Will.

An interest in land created by a lease can be a valuable asset and must be protected. Commercial leases often include an option to allow the lease to be extended. There are generally strict requirements to be met to exercise the option. These requirements can include the method of giving notice, the notice period before the expiry of the lease and the address for service.

An Executor is the person who is responsible for carrying out a deceased's wishes as set out in their Will. When a Will has been made but did not appoint an Executor, the Court will instead appoint an administrator to carry out the terms of the Will.

As important as it is, there's more to estate planning than having a Will. A properly drafted Will, by an experienced practitioner, is the best way to meet legal requirements and minimise the chances of any disputes arising that might result in a contested Will.