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101 Succession Answers for NSW

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101 Succession Answers for NSW REFERENCE SERIES 101 Succession Answers for NSW Including Appointments of Enduring Guardian, Powers of Attorney, Wills, Probate and Administration and Family Provision Contents ENDURING GUARDIAN .............................................. 4 Administration ........................................................... 22 Generally ...................................................................... 4 Administration bond .................................................. 23 Application of the legislation ........................................ 5 Administrator ............................................................. 23 Appointment ................................................................ 5 Administrator – Commission...................................... 23 Appointor ..................................................................... 6 Administrator – Duties ............................................... 23 Appointee ..................................................................... 6 Application for a grant of probate or letters of Capacity ........................................................................ 7 administration ............................................................ 24 Corporations ................................................................. 7 Application to revoke a grant of probate or letters of administration ............................................................ 26 Execution ...................................................................... 8 Application with the will attached ............................. 26 Financial management ................................................. 8 Assets – Transfer or Transmission of assets ............... 27 Functions of a guardian ................................................ 8 Assets of the estate .................................................... 28 General principles ........................................................ 9 Beneficiaries ............................................................... 31 Guardians ................................................................... 10 Benjamin orders ......................................................... 37 Interstate and international guardians ...................... 12 Bequests ..................................................................... 37 Joint guardians ........................................................... 12 Burials, cremations and funerals................................ 37 Legislation .................................................................. 13 Capacity ...................................................................... 38 McKenzie friends ........................................................ 13 Caveats ....................................................................... 39 Medical and dental treatment ................................... 13 Codicils ....................................................................... 41 Resignation ................................................................. 14 Co-executors – Authority to act ................................. 41 Review ........................................................................ 14 Commission ................................................................ 41 Revocation .................................................................. 14 Contested will matters ............................................... 43 Suspension ................................................................. 15 Construction of the will .............................................. 44 Tribunal ...................................................................... 15 Contracts entered into or completed before probate Witnesses ................................................................... 15 or administration is granted ...................................... 44 ESTATES .................................................................. 18 Court – Power over wills and estates ......................... 46 Accounts ..................................................................... 19 Crisp orders ................................................................ 47 Ademption .................................................................. 21 Death .......................................................................... 47 1 | P a g e Connect Death of joint executor .............................................. 49 Extension of time ..................................................... 112 Death of single executor ............................................ 49 Factors warranting ................................................... 113 Delegation by executor .............................................. 49 Family law orders ..................................................... 114 Disclosure ................................................................... 51 Grandchildren .......................................................... 114 Executors .................................................................... 51 Interim provision ...................................................... 117 Grants ......................................................................... 52 Intestacy ................................................................... 119 Hotchpot..................................................................... 53 Legislation ................................................................ 120 Gifts to charities ......................................................... 54 Matters to be considered by the court .................... 120 Informal wills .............................................................. 54 Notional estate......................................................... 122 Injunction ................................................................... 55 Orders ...................................................................... 127 Intermeddling ............................................................. 56 Release of rights ....................................................... 129 Intestacy ..................................................................... 56 Testamentary freedom ............................................ 130 Judicial advice ............................................................. 59 Widows .................................................................... 131 Joint mortgage responsibilities .................................. 59 POWERS OF ATTORNEY ........................................ 135 Joint ownership .......................................................... 59 Generally .................................................................. 136 Larke v Nugus letters .................................................. 60 Application of the legislation ................................... 136 Legislation .................................................................. 61 Appointment ............................................................ 137 Letters of administration ............................................ 61 Attorney ................................................................... 137 Life estates and similar interests ................................ 61 Capacity .................................................................... 138 Life tenancy ................................................................ 62 Corporations ............................................................ 138 Litigation ..................................................................... 63 Death ........................................................................ 139 Missing will ................................................................. 64 Delegation ................................................................ 139 Personal liability of executor ...................................... 66 Directions ................................................................. 140 Property of the estate ................................................ 66 Directors ................................................................... 140 Rectification of a will .................................................. 66 Enduring power of attorney ..................................... 141 Renunciation as executor ........................................... 67 Execution .................................................................. 142 Replacement or removal of executor ......................... 68 Executor ................................................................... 142 Resignation of executor ............................................. 68 General power of attorney ...................................... 142 Revocation .................................................................. 68 Incommunicate ........................................................ 142 Small estates .............................................................. 68 Insolvency ................................................................ 143 Subpoenas, notice to produce and disclosure ........... 69 Interstate powers ..................................................... 143 FAMILY PROVISION ................................................. 70 Irrevocable power of attorney ................................. 144 Generally .................................................................... 71 Joint attorneys ......................................................... 144 Adequate provision .................................................... 72 Legislation ................................................................ 144 Adult
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