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When someone dies without a will in NSW, their assets are distributed, as per intestacy laws. The formulated process calculates who is a beneficiary and follows a specific guideline, not the deceased person’s wishes. Find out more about intestacy rules…
When someone dies in Australia without leaving a will, distributing the deceased person’s estate can be complicated. Letters of administration are the legal document that is required, and the person managing the estate must apply to the Supreme Court for…
Sometimes, the death of a loved one can bring disappointment to expectant beneficiaries who may not receive adequate provision from a deceased person’s estate. Family provision claims allow a person to make a legal claim for their entitlements. Find out…
A deceased’s estate can be distributed and administered, as per the law, and by certain people, such as an executor or administrator. Probate and Administrative law defines the legal process, which ensures the right person is appointed. Find out more…
A Grant of Probate is an order issued by the Supreme Court of NSW that enables an executor to; legally distribute and manage a deceased person’s estate. Find out more about the probate application process, what documents are required, how…
It takes time to process a probate application in Australia, and it can vary from state to state. Several factors, including the size of the deceased person’s estate, can influence the timing. Find out more about Probate in Australia, factors…
As of Tuesday, 23 March 2021, Eleni (Ellen) Overell LLB wishes to finally welcome you to OverLaw Legal Services, where our primary focus is our client with the experienced knowledge of the law. Since 2004, Eleni (previously known as Eleni…
While many of us do not like the idea of discussing what is to happen in the worst case scenario, it is vital that we consider and attend to having prepared estate planning documents as they provide guidance and clarity when…
It is generally understood that after being divorced for 12 months, your ex cannot commence property proceedings against you, but what happens after you pass away? The case of Lodin v Lodin[1], the deceased Dr Lodin died without a will…
While many people wish to avoid speaking or even consider the possibility of the ‘worst case scenario’, however it is inevitable that we as humans will get sick, age and/or pass away. However, it is not uncommon for us solicitors to meet…