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...

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...

In the context of wills and estates in New South Wales, the terms "challenging" and "contesting" can be somewhat vague or indistinguishable terms. However, they can be used describe different legal actions, each with distinct purposes and grounds. Challenging a Will Challeng...