Updated 15 December 2020 An estranged daughter, one of two sisters and the only children of their deceased mother, were engaged in legal proceedings in a contest over their mother’s deceased estate.1 In The Supreme Court of New South Wales, it was said that The case provides yet another example of the high level of …
If, despite all efforts to find a solution, including mediation, you are thinking of making a claim for family provision under a will, don’t assume that your costs will be paid out of the estate; at least in New South Wales.
A will is a testamentary document, often referred to by lawyers as an ‘instrument’, setting out what a person intends to have happen to their property, (real and personal), and other matters, when they die. It is the legal way to record a person’s instructions and wishes on how they want their property distributed on the event of their death, and who is to responsible for carrying out those wishes. Because it is to take effect only on death, a will is referred to as being ‘testamentary’. A testamentary document or instrument is one which its writer intends, at the time of writing it, to come into effect when they die, and not before. It is where a person sets out their intentions for the distribution of their property when they die.