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...

Helping family members financially, whether it is with a first home payment, school finance, or medical bills, is common in Australia. The distinction has actual legal, tax, and financial ramifications and goes beyond simple family generosity. Knowing the difference between a gift and a loan can ...

Pets can be the silent mourners when a person dies. They don't know why their favourite person isn't there anymore or what has happened. The fate of the deceased's pets may become unclear while friends and family cope with their loss and legal obligations. Unfortunately, if appropriat...

This is one of the most significant cases in Wills and trust law and continues to be applied in Australia, including New South Wales. The decision established the principle that if a beneficiary is an adult, has full legal capacity, and is absolutely entitled to trust property, they can demand th...

This case involved an application by Mr Robert Grant, who was acting as the trustee of a testamentary trust created under his late father’s Will. Mr Grant asked the Court for permission to vary the terms of the trust so that he could manage it more effectively. He wanted powers that weren&...