Category Archives: Wills & Estates

Letter of Wishes

The primary purpose of a Will is to ensure that your estate will pass to your intended beneficiaries. The directions in a Will are legally binding. What if you wanted to allow some flexibility for your executor or family to decide? Unlike your Will, a letter of wishes isn’t legally binding however, it does give […]

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COURT DECISION UPHOLDS WILL

In the case of Sung v Malaxos (2015) NSWSC 186, the major asset in the deceased’s estate was his home at Lilyfield near Sydney Harbour, worth approximately $1.35 million.  In his Will, the deceased, aged 83 when he died, directed that the property be sold and that the sale proceeds be apportioned one-third to his […]

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Crisp orders – deceased estates

In Paradisis v Kekatos (2016) NSWSC 220, the deceased in his Will left to his wife of 28 years a “life interest” in the matrimonial home, and the rest of his estate was left to his three children from previous marriages.  His widow made a “family provision claim”, applying to the court for greater provision […]

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Testamentary Trusts

Testamentary trusts are fixed or non-fixed trusts that are: established by a Will funded by: o the assets of a deceased estate; or o by payments to the estate in consequence of death, e.g. superannuation death benefits or insurance proceeds paid to a deceased estate rather than directly to dependants or nominated beneficiaries; and to […]

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Testamentary Trust Wills

What is a Testamentary Trust?Testamentary Trusts are fixed or non-fixed trusts that are:established by a Will funded by:the assets of a deceased estate; or by payments to the estate in consequence of death, e.g. superannuation death benefits or insurance proceeds paid to a deceased estate rather than directly to dependents or nominated beneficiaries; and to be administered by […]

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Wills

We have been helping clients produce their Wills for over 90 years. For those with straight-forward family structures and simple financial arrangements we can assist you to prepare your Will, often in conjunction with an Enduring Power of Attorney, for a quoted price. A properly drafted Will helps ensure  your wishes are carried out and that […]

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Estate Planning

Whether you wish to make a new will or ensure that a deceased estate is administered properly, Ellison Moschella & Co focus on carrying out your instructions professionally and finding solutions with a minimum fuss.Proper estate planning includes considering the following:Do you have properly structured Wills?Do you need to consider asset protection issues for your […]

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Probate & Administrations

What is Probate?A Grant of Probate is a document issued by the Court which, amongst other things, declares the Will an Executor intends to administer is the deceased’s final Will. How will Probate help me?A Grant of Probate will make your dealings for the estate with third parties easier as it allows them to be assured […]

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Will & Estate Disputes

Not receiving your fair share of an estate?There are good reasons why people will need to challenge an estate which include:the deceased failing to divide their estate fairly between their dependents and family;a Will being made at a time when the deceased didn’t have the necessary capacity;where the deceased was unduly influenced to sign a will that didn’t […]

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Special Disability Trusts

A Special Disability Trust (SDT) allows immediate family members and carers to provide for the future care and accommodation needs of a ‘severely disabled person’. The benefits of a SDT include: families being able to set up a fund to provide for a severely disabled person after the death of the primary carer or parent; and […]

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