Wehbe v Giotopoulos

Shad Partners recently acted for a Defendant in NSW Supreme Court proceedings challenging the validity of a Will. In summary, the facts of the case were that: The late Wadad Wehbe (“the Deceased”) passed away on 10 February 2021. The Deceased was survived by her 5...

A divorced spouse and a Will contest

All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator.  If a family provision claim is successful, the Court can order an appropriate adjustment to...

Succession Planning for Business Owners

As a business owner, you deal with many responsibilities, including having to decide what to do with your business when you move on. Sometimes the logical endgame for a business is to be wound up, but in most cases, the aim is a smooth transition to new ownership....

Is a testamentary trust right for you?

One of the most loving things that you can do for your family is make plans for what happens after you die. This is particularly important if you have children or vulnerable adults who depend on you financially. A testamentary trust might be the right tool to help you...

Ensure the Will is up to date before a loved one loses capacity

The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make...

Self Managed Super Funds – Buying Property

Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property. Prior to 2007, SMSFs could purchase property but were not permitted to...