A gift over is a term often used by lawyers when referring to what happens to a testator or Will makers gifts if the testator’s primary beneficiaries will not receive their gift. It is a clause within a Will or trust that provides for the distribution of a gift to an alternative beneficiary...

A testator is the legal term for a person who has made a legally valid Will or testament. They are often referred to as the Will maker. Historically a male was referred to as a testator and a female was referred to as a testatrix. Whilst these terms are still correct, the term testator is now use...

In cases where someone passes away without leaving a will, also known as dying intestate, in NSW the surviving spouse is entitled to what is referred to as a spousal legacy or more commonly known as the statutory legacy. This legacy is calculated and adjusted to reflect the cost of living over ti...

A testamentary trust is a trust established by a Will that comes into effect upon the death of the testator. It offers several benefits, making it a popular choice for estate planning. Here are some of the key advantages: 1. Asset Protection   Protection from creditors: Assets held in a ...

In New South Wales, family provision claims are a legal mechanism for individuals who believe they have not been adequately provided for in a deceased person's Will or Estate. These claims are governed by the Succession Act 2006 (NSW), which sets out specific timeframes and con...