Things You Need to Know When Being an Executor of a Deceased Estate
As an executor of an estate, there are certain duties that you would be responsible for undertaking, such as: An appointed executor has the choice to renounce their role before applying for probate. However, once an executor has already started acting in their role, it becomes more difficult to renounce. Executors may incur costs while […]
3 Grounds You Need to Know When Contesting a Will
Contesting a Will relates to commencing a family provision claim against the provisions of the Will and the distribution of the estate. There are three (3) main categories for contesting a Will: The basic premise to be eligible to contest the Will is to prove the application was financially dependent on the deceased, and they […]
6 Grounds You Need to Know Before Challenging A Will
Challenging a Will relates to the disputing the validity of the Will itself. This article is not about challenging the beneficial entitlements under the provisions of the Will. The common grounds of challenging a Will are: To be eligible to challenge the validity of a Will, the challenger needs to be one of the following: […]
How to Defend a Family Provisions Claim in New South Wales?
What is a Family Provision Claim?A family provision claim is a legal action brought by an eligible person seeking a share of a deceased person’s estate when they believe they have not been adequately provided for in a will or where there was no will. The aim of a family provisions claim is to ensure […]
Top 7 Estate Planning Mistakes Medical Professional’s Make
As with many busy medical professionals, they often fail to take time to consider the long-term effects of certain financial decisions at the time of entering into financial arrangements or acquiring assets. We set out 7 common estate planning mistakes that medical professionals make, which can unnecessarily cost their estate hundreds of thousands of dollars. […]
How to protect your wealth held in your individual name from third party claims without incurring CGT or Stamp Duty
If you are an individual having assets in your personal name, failing to implement asset protection strategies early, places you at serious risk of losing all your wealth to a third party claim. It can take an individual a lifetime to establish their wealth, however, it could also all be taken away in a matter […]
Guide to Injunctions – Freezing Order to Preserve Assets in Australia
A freezing order is a legal mechanism to prevent a party from removing or hiding certain assets. Where it appears that a defendant is or intends to dispose of or remove its assets from the jurisdiction, a plaintiff may apply to a superior court for a freezing order before or during a proceeding has concluded. […]
Overview of Chinese Investment in Australia’s Healthcare
Summary Chinese investment in Australia in recent years has mainly focused on healthcare, food and agriculture, and advanced technology, in which sectors Chinese outbound investment are expressly encouraged by the Chinese government as opposed to real estate and entertainment. Following the launch of the ‘Healthy China 2030’ plan by President Xi Jinping in 2016, the […]
Enforcement of Chinese Court Judgements in Australia
While there is no formal reciprocal arrangement between China and Australia to recognize and enforce the court judgments of one another’s courts, Chinese court judgments may be enforced in Australia pursuant to common law. The NSW Supreme Court has enforced the first Chinese court judgment in New South Wales in Bao v Qu; Tian (No 2) [2020] […]
Due Diligence: What you must do?
When buying a business in Australia, it is imperative that you obtain legal advice from a commercial lawyer who will review the transaction and conduct due diligence. Due diligence is an essential process that can help to minimise your risks and save you a lot of money. It is a process which is typically used […]
