Szabo & Associates News & Updates

A death bed gift (sometimes referred to as ‘donatio mortis causa’) is a gift of an asset given before a person passes away. It is considered to be outside the estate, meaning that, even if a person has been promised a particular item in the Will, they will not receive it. As can be imagined this can become a source of conflict.

When determining a contested Will, a Court has to consider many competing factors. In Cowap v Cowap, the Court had to weigh the moral obligation of a deceased husband to his wife after a long marriage compared to the obligation to make provision for his disabled and destitute adult son. The case illustrates that there are no inflexible rules in family provision claims with each case turning on its own merits with the long arm of ‘notional estate’ potentially playing a role.

In NSW, the Succession Act provides that certain people, particularly close family, can contest a deceased’s Will if they have not been properly provided for. As such it is not possible to say that a person can legally prevent their Will from being contested by an ‘eligible’ person.

If you are thinking of buying a property with a friend or partner there is a choice of the type of ownership. There are essentially two choices which are as Tenants in Common or as Joint Tenancy. There are important differences between them and it is important to understand the legal and financial effects, including estate planning, of these two ownership types. For example, a bank financing the transaction will need to know should there be a default by a party.

When parents separate, one of the key issues that may arise is the residence and contact arrangements for any children. The family law system encourages parents to work out arrangements for their children without the need of Court intervention. However, this is not always possible and either parent can apply to the Court to have the matter resolved.