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Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

What is meant by specific Will devises and their ademption?

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A Will is a legal and binding document about what should happen to a person’s property after their death. Within a Will, the Will-maker (testator) can specifically devise or leave a gift to someone. A specific devise is a gift of personal property that is described in the Will.

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Hidden treasure? There are consequences to hiding assets during divorce proceedings

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Even though hiding assets and sources of income in divorce proceedings can have serious consequences, there are those that prepared to take that risk. Property settlement negotiations can only really begin seriously once both parties have fully disclosed their financial position to each other.

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Can an ‘informal’ online Will be valid? Lessons from Maggie Riman (Estate of Rita Riman) [2022]

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Generally speaking, for a Will to be accepted as legally valid, it unsurprisingly requires that the legal formalities of the relevant jurisdiction are wholly adhered to. Nevertheless, sometimes a Will that does not meet these requirements, referred to as an 'informal Will', can be accepted as valid.

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Estranged from a parent, claim out of time: has a will contest for a family provision any chance of success?

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Eligibility to lodge a family provision claim, where a person feels they have not been adequately provided for from an estate, is limited to some key groups, including children of a deceased person. This means that an estranged adult child who has lost contact with their parent is eligible to contest a Will. However, it does not necessarily mean an application will be successful.

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What can I do about my noisy neighbours?

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Noise can be a common source of contention between neighbours. ‘Offensive noise’ that interferes unreasonably with a neighbour’s comfort could be caused by its intensity, type, or the time when it occurs. If this is happening, it is usually preferable to discuss this amicably with your neighbour to find a solution. However, if they are uncooperative, what can you do about it?

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