Szabo & Associates News & Updates

The answer to the question posed is that you are currently able to sign and have witnessed several legal documents, without the need for a physical presence, including Wills, Powers of Attorney and Enduring Powers of Attorney. The NSW Government introduced a temporary regulation earlier this year in response to the social distancing requirements brought on by the COVID-19 pandemic. The regulation is designed to reduce the need for face-to-face contact by permitting a signature to be witnessed by audio-visual links such as Zoom or Skype.

Only eligible individuals can pursue a family provision claim against the estate of a deceased person. These individuals include spouses, children and other family members, but what about non-family members such as a friend of a deceased? Can they be entitled to a share of an estate whether there is a Will or not?

The loss of a relative or friend can be a difficult and emotional time. For those with the added responsibility of dealing with the estate, it can be a completely new experience and a daunting prospect.

If you believe that you have been left with inadequate financial provision from your grandparent's estate, it may be possible to contest the Will. The Succession Act 2006 (NSW) recognises that a grandchild may be an "eligible person" to make a family provision claim.

An Enduring Power of Attorney ensures that there is someone who can deal with your legal and financial affairs if you are unable to do so (see our article Do I really need an Enduring Power of Attorney?). However, it does not authorise someone else to make personal or lifestyle decisions for you. These may include where you live and what medical treatment you have in the future. In this article, we will outline the importance of the complementary role of an Enduring Guardian as part of your long-term planning.