Szabo & Associates News & Updates

The recent case of Middleton v Schofield (2022) NSWSC 1454 demonstrates the importance, once again, of being precise in a Will if disputes are to be avoided. This issue was primarily about the use of extrinsic information to interpret the meaning of a Will. Was the reference to a real property called ‘Caringa’ one property or three contiguous properties customarily known as Caringa?

For a person deciding on who should inherit from their Will, questions of how much beneficiaries will receive and in what shares are important. These decisions can be made more difficult if, for example, there are particular concerns about a beneficiary or a perceived need for encouragement to achieve something. As a consequence, the Will-maker may wish to make a bequest conditional.

An ‘Informal Will’ is one that has not been executed in accordance with the formal requirements for a Will to be accepted as legally valid. These formalities are:

While the majority of people are living longer these days, it does not follow that all are remaining fit, physically and mentally, to deal with their own legal and financial affairs.

The inheritance rights of a grandchild, in terms of contesting a Will by making a family provision claim, varies from state to state in Australia. As far as NSW is concerned, grandchildren may be eligible to claim some or additional provision from their grandparent’s estate if they can demonstrate sufficient dependency on the deceased grandparent at some stage during their life or had a close personal relationship.