General – Redmond Hale Simpson Solicitors and Barristers in Brighton-Le-Sands

Who Can Get a Copy of My Will?

Writing and signing a will is an important process to ensure your assets and belongings are distributed in line with your wishes after you’re gone, and often these choices can be very personal or sensitive. Sometimes, a will sets out gifts or arrangements that might surprise or upset friends or family members. So, who actually has a right to see your will?

While You’re Still Alive

As long as you’re alive, you are the only person who’s entitled to see or have a copy of your will. If your will is held by your lawyer for safekeeping, they can only provide a copy to you—not to anyone else, unless you give clear permission. This rule is in place to make sure you can make your own decisions about your will, without worrying about pressure from others.

You don’t have to share details of your will with anyone before you die, and some people prefer to keep it completely private. That’s entirely your choice.

Your executor is not entitled to a copy of your will, but you should advise them of where your will is located so it can be found after your passing.

An exception exists if you have appointed an enduring Power of Attorney, and you lose the capacity to make your own decisions. That attorney might need to see your will to make certain decisions, like decisions to sell property that’s mentioned in the will. In these cases, they’re only allowed to use the information for looking after your interests—not for passing on to anyone else.

After You’ve Passed Away

Once you pass away, the Succession Act 2006 sets out who can access your will. Generally, those entitled include:

Anyone named in the will as a beneficiary;
Your spouse, children, and dependants;
Anyone who has a good reason to believe they might have a claim on your estate (for example, through a family provision claim).

If someone thinks they might have been left something but finds they’ve been left out, being able to view the will helps them decide if they want to explore their legal options. This doesn’t mean your wishes will necessarily be changed, but everyone with a reasonable interest gets to know what was decided.

A Balance of Privacy and Fairness

Rules around who can access your will are designed to protect your privacy while you’re alive, so you can make the choices you want, while still ensuring openness once your estate is being administered after you pass away. This way, your final wishes are respected and you are protected from criticism during your lifetime, but anyone with a real interest in your estate has at least some transparency after your death.

Ready to make a will? For advice on your Will and keeping its contents confidential, get in touch with us today.

Enduring Guardianship and Advance Care Directive – What’s the Difference

Enduring Guardianship documents and an Advanced Care Directives are similar legal documents which ensure that you have autonomy to make decisions about future health care, while you have capacity to do so, in anticipation of a time where you may not be able to make those decisions yourself. They’re important tools to ensure that serious medical treatment can be delivered with dignity and with your own values in mind.

How are these documents different and how do they operate?

Enduring Guardianship

An Enduring Guardianship enables you to appoint a trusted family member or friend to make health care decisions in your place should you become incapacitated. It is a significant legal document, and the decision to appoint someone as your guardian should not be made lightly.

In this circumstance, a guardian is able to make health decisions in your place, and is guided by the terms of their appointment included in the legal documents that you sign prior to losing capacity. You can limit a guardian’s power, or explicitly prohibit them granting permission for particular procedures.

A guardian is able to consent on your behalf to a range of health and care decisions, including what medicines you receive, to consent to most surgeries and to decide whether you require residential care. These powers are only activated in a circumstance where you are unable to make these decisions yourself, such as through loss of capacity through disability, dementia, injury or severe mental health crises.

Advanced Care Directive

Separate to the appointment of an Enduring Guardian, an Advanced Care Directive is a record of your specific instructions as to what healthcare you wish to receive. Sometimes, these are called ‘living wills.’

An Advanced Care Directive is a direct expression of your consent. Generally prepared with a medical practitioner, an Advanced Care Directive goes through specific procedures, treatments and medications and indicates your consent to each of these factors individually. This can be done in anticipation of the complications of a specific illness, or with a view to palliative care being required.

A potential limitation of an Advanced Care Directive is that it may not anticipate the exact circumstances which arise after you have lost capacity, which results in there being no prior consent for your treating medical professionals to rely upon, and challenges identifying who can provide consent on your behalf.

How did these documents interact?

The most powerful form of consent to a medical procedure is the consent of the patient themself. Therefore, where a properly executed Advanced Care Directive exists, the directions outlined in this document will prevail over the decision of an appointed Enduring Guardian.

The role of Enduring Guardian in this circumstance would be to step in where the Advanced Care Directive is unclear or incorrectly executed, or does not contain appropriate instructions for the circumstances which have arisen.

In cases of serious illness, Advanced Care Directive can be used by an Enduring Guardian to guide their decisions on your behalf.

If you wish to appoint an Enduring Guardian, get in touch with us today. The NSW Guide to preparing an Advance Care Directives can be found here.

Dan Simpson celebrates 50 years of Legal Practice

Dan Simpson, Principal Solicitor of Redmond Hale Simpson Solicitors and Barristers, is celebrating 50 years of legal practice in 2025. The milestone was marked by the NSW Law Society at a celebration on September 8, 2025.

Admitted as a solicitor by the Supreme Court of NSW in March 1976, Dan has practiced in the St George area of Sydney for his entire career. He completed a Bachelor of Laws at Sydney University Law School.

“Growing up in Tamworth, Inverell and Parkes, I was encouraged by my high school English teacher to pursue a career in the law. I will always be grateful for that advice and the opportunities it has afforded me.”

At the start of his career, Dan focussed on criminal law and litigation in court, and now primarily practices in the areas of succession, estate planning and conveyancing. Some of his clients from his earlier days practicing in Hurstville still remain clients to this day. After establishing his own practice, Dan Simpson and Associates, in Kogarah, Dan merged his firm to form Redmond Hale Simpson in 2005. The firm relocated to Brighton-le-Sands in 2019.

Dan is a life member of the St George and Sutherland Law Society, and served as president from 1988-1989.

“Our local law society continues to support the legal profession locally and promote lawyers to work together collaboratively for the best results for our clients.”

After five decades in practice, Dan continues to serve clients from first home buyers through to executors of estates, alongside the experienced team at Redmond Hale Simpson.

Outside of the law, Dan enjoys golf, music, reading, and rugby league. He lives in Oatley with his family. He has served as an Alderman on Hurstville City Council is committed to community service, providing pro bono legal assistance to the Cancer Council and Oatley Lions Club.

Understanding Prenuptial Agreements in NSW – a Guide to Binding Financial Agreements

A prenuptial agreement—known in Australia as a Binding Financial Agreement (BFA)—is a legal contract made between two people, generally before they marry or enter a de facto relationship. This agreement sets out how assets, property, and financial responsibilities will be divided if the relationship breaks down or ends.

BFAs can be signed at other stages of a relationship, including when financial circumstances change.

What is a Prenuptial Agreement?

A prenuptial agreement is designed to provide clarity and certainty about financial matters at the conclusion of a relationship. It can cover:

How property, savings, and investments will be divided
What happens to business interests
How debts and liabilities are managed
Arrangements for spousal maintenance
Financial protection for children of the relationship, or children of previous relationships

How Does a Prenuptial Agreement Work?

In New South Wales, prenuptial agreements are recognised under the Family Law Act 1975 (Cth). For a BFA to be legally binding, it must:

Be in writing and signed by both parties
Include full and frank disclosure of each person’s assets and debts
Be entered into freely, without pressure or duress
Be accompanied by independent legal advice for each party, with a certificate from each lawyer

If these requirements are not met, or if the agreement is unfair, a court may set it aside.

Steps to Create a Prenuptial Agreement

Discuss Your Goals
Talk openly with your partner about your financial situation and what you both want to achieve. Do you have assets you want to protect, or mutual financial goals you want to reach?
Full Financial Disclosure
Both parties must provide complete details of their assets, debts, and income. This includes real estate, shares, investments, superannuation, businesses and income from all sources.
Seek Independent Legal Advice
Each person must have their own lawyer to explain the agreement and its effects.
Draft and Sign the Agreement
A lawyer will draft the agreement to ensure it meets legal requirements. Both parties then sign.
Review and Update as Needed
If your circumstances change (for example, if you have children or acquire new assets), review the agreement to keep it up to date.

Why Consider a Prenuptial Agreement?

Lots of factors may lead to a BFA being useful in a relationship. One person may already own real estate they have worked hard to buy on their own, or have children from previous relationships they want to protect. Other factors might include existing financial relationships with family members or business partners, or even anticipated inheritances.

A prenuptial agreement can:

Protect personal or family wealth
Safeguard business interests
Clarify financial expectations
Reduce the risk of disputes and lengthy court proceedings
Provide peace of mind for both parties

A prenuptial agreement is a practical way to protect your financial future and set clear expectations before marriage or a de facto relationship. By following the correct legal steps and seeking professional advice, you can ensure your agreement is fair, valid, and enforceable.

For more information on Binding Financial Agreements or to discuss your options, contact our experienced family law team.

mail@redhale.com.au or call us on 02 9587 3866

This article was written by Philip Todorovski, Solicitor, Redmond Hale Simpson.

Choosing an executor for my Will – what do I need to consider?

Appointing an executor is an important decision when making your will. You should think carefully about the duties of an executor and the people in your life who you trust to fulfil your wishes before you name an executor in your will.

What does an executor do?

An executor is responsible for administering your estate, which means they implement the directions of your will or testamentary documents, settle any debts from available funds and finalise your affairs. They will, in most cases, be required to seek a grant of Probate through the Supreme Court of NSW, and then distribute your assets as instructed by you. Your legal advisor will tell you if it is not necessary to obtain a Grant of Probate.

For many estates, this is as simple as locating your will then taking steps to identify your bank accounts, if you own your home, and your superannuation and ensuring these are distributed. For other estates, business arrangements, complex investments and blended family arrangements can make this process more challenging. If there are legal disputes over your estate, your executor may need to participate in resolving these matters.

Executors usually seek the assistance of a solicitor through this process, with legal costs covered by the estate. Many executors will use the solicitor who assisted with your legal affairs, but they are under no obligation to do so.

If there are ongoing trusts in your will, or funds to be managed on behalf of a disabled or minor beneficiary until they are an adult, your executor will be responsible for overseeing these processes unless alternative arrangements are made.

If an executor is unwilling or unable to act on your behalf for any reason, then they are able to resign their position, known as ‘renouncing’ their role. This needs to be done formally as soon as possible after death.

Executors can apply to the Court for commission for their work.

What does an executor not do?

An executor is not personally responsible for your debts or liabilities if they are not covered by the estate.

Legal requirements

Any person over 18 who has legal capacity can act as an executor.

When making a will, you can nominate a single executor or multiple executors to act together. It is strongly recommended to name at least one substitute executor in your will in case your first preference is unwilling or unable to fulfil their duties for any reason.

Considerations

If your family circumstances and gifts in your will are simple, then naming a sole beneficiary and executor, such as your spouse or child, may be an easy choice for you.

If your estate is more complex, including trust, business and investment arrangements, or if you have more complicated family dynamics, your choice of executor may be more difficult.

It is important to choose an executor who you trust, and who you believe has the capacity to fulfil their legal responsibilities appropriately. When appointing multiple executors, you should consider their ability to work collaboratively. Appoint an executor whose interests are contrary to the interests of any beneficiaries should be avoided to minimise any personal conflict, but is not prohibited.

Being an executor can be a simple appointment, but it can also be a time consuming role. For this reason, you should consider whether the person you choose has the time and capacity to fulfil their duties. If their circumstances change between the making of your will and the will being administered, they can speak with a solicitor to renounce their appointment.

In appointing your executor and a substitute executor, you should give consideration to the likelihood that any person appointment is likely to survive your death.

The Court is unlikely to grant Probate to executors located overseas unless no other viable person is available.

Prior to nominating an executor, you should speak with them to ensure they are comfortable with the appointment. You do not have to disclose the contents of your will or any other details when doing so. Your executor should know the location of your will and where to find important information after your death.

Can a beneficiary be an executor?

It is very common for a beneficiary of a will to be an executor, including when the beneficiary is a spouse or child of the person making the will.

Conversely, it is not necessary for your executor to receive a gift in your will.

I don’t want to appoint a family member or friend as my executor, what can I do?

You can appoint your solicitor to be your executor, with provision made for relevant fees to be paid from your estate.

There are also trustee companies which can be appointed. Alternatively, arrangements can be made to appoint the NSW Trustee and Guardian. Both these options would attract substantial fees payable by the estate. Most lawyers discourage these options for because of the cost.

Ready to make a will? For advice on your Will and appointing an executor, get in touch with us today.

My family member or friend has died without a Will. What happens now?

If your loved one has died without a Will, you are not alone. Dying without a Will, which is known as dying ‘intestate,’ is a common but challenging issue which confronts many families across New South Wales and beyond during an already stressful time. According to the NSW Trustee and Guardian, approximately 60% of NSW residents do not have a Will in place to outline their wishes after they die leaving their families to navigate the complex process of intestacy.

When a person does without a Will, it is important that their surviving loved ones seek professional advice to ensure that his or her property passes legally and completely, and to minimise disputes between potential beneficiaries.

Complete or partial intestacy

Intestacy occurs when a person passes away with no Will at all, if a Will is invalid, or if their Will does not sufficiently deal with all of their assets.

In these cases, NSW intestacy laws determine how the deceased’s estate is distributed. This distribution may be completely contrary to the wishes or expectations of the deceased.

How can you be sure there is no Will or testamentary document?

Prior to administering an Estate without a Will, a thorough search needs to be conducted to confirm that no formal or informal Wills exist. This could include checking the deceased’s home, contacting any local solicitors or accountants who may hold documents on behalf of the deceased, and any other practical steps available to confirm no documents exist to indicate the deceased’s wishes.

Who is entitled to administer the Estate?

Without a Will, the Court must determine who can apply under the Succession Act 2006 to for the distribution of the Estate, known as seeking Letters of Administration.

People who are commonly able to apply include:

Spouse or de facto partner
Children
Parents
Siblings

If no family or next of kin are able to apply, the Court may appoint a person who can, in the opinion of the Court, be trusted to administer the Estate in accordance with the law.

A successful applicant becomes responsible for calling in the assets of the deceased, settling any debts, and distributing any remainder according to the provisions of the Succession Act 2006.

Who is entitled to inherit from the Estate?

The division of the Estate is dependent on the composition of the deceased’s family, taking into account:

Spouse or de facto partner
Children (including from current or previous relationships)

Adjustments will be made to provide adequately for the spouse of the deceased.

If no partner or children are able to inherit from the Estate, the Court will look to:

Parents
Siblings
Grandparents
Aunts and uncles

If no person is able to inherit under the Succession Act, then the deceased’s property passes to the State.

What now?

The administration of an Estate without a Will can be complicated, so seeking advice from an experienced Estate lawyer is critical to ensure the process is appropriately followed.

Our experienced Estate lawyers can guide you through the process, help you avoid disputes, and ensure the estate is distributed legally and efficiently.

If your loved one has passed away without a Will, or with a Will which does not adequately account for all their property, contact us today to discuss the next steps to finalise their estate.

Gifting Superannuation Through A Will

Superannuation is often the biggest asset a person will have in their lifetime and can be the largest part of a person’s Estate when they pass.

However, gifting your superannuation to family or friends after your death is more complicated than it first appears, as it does not always form part of your Estate.

Depending on your personal circumstances, it is important to understand the most effective way to leave a gift from your superannuation for your loved ones.

I HAVE A BINDING DEATH NOMINATION THROUGH MY SUPERFUND – HOW DOES THIS WORK?

A binding death nomination is a formal document lodged with your superannuation fund to specify who can receive a payment directly from the fund after your death.

If you have dependents, including a spouse, child or other family member, a binding death nomination may be the best way to provide for them after your death. Superannuation funds are only able to directly pass funds to dependent persons listed under law, including your spouse, minor child or dependent adult child.

A binding death nomination generally expires after a set period of two years and needs to be regularly updated. Some funds offer non-lapsing nominations on request.

I WANT TO LEAVE MY SUPERANNUATION TO SOMEONE SPECIFIC

If you have no dependents, or you wish to leave your superannuation to someone other than a dependent for any reason, a binding death nomination is unlikely to be the most effective way to leave a gift, as your superfund may not legally be allowed to pay this person.

Examples of gifts to non-dependent beneficiaries:

Gifts to non-dependent adult children
Gifts to grandchildren, nieces and nephews or cousins
Gifts to friends
Gifts to charitable organisations

In these circumstances, your binding death nomination should be to your “personal legal representative,” which gifts the balance to your Estate allows your Executor to handle your superannuation as part of your Estate.

You can then specify in your Will how you would like your superannuation to be distributed.

WHAT HAPPENS IF I DON’T MAKE A BINDING DEATH NOMINATION

If a person dies without making a nomination through their superfund, it is up to the trustee of the superfund to make payment to dependents or to the Estate of the person.

This can result in complicated financial implicated for recipients who are on Income Support, receiving Aged Care payments, or for minors.

It can also lead to your superannuation being granted to an unintentional recipient.

Even if provision has been made in your Will to gift your superannuation to a particular person, this may not be enforceable without a nomination.

WHAT ARE THE TAX IMPLICATIONS OF GIFTING THROUGH MY WILL INSTEAD OF THROUGH MY SUPERFUND

The financial implications of gifting funds through a Will instead of a superfund can vary. We recommend seeking financial advice to understand any complexities of your individual circumstances.

WHEN SHOULD I UPDATE MY WILL TO GIFT MY SUPERANNUATION

If you have changes in your personal circumstances, such as having children, entering a relationship, separating from a partner or significant changes to your personal assets, then you may wish to amend your Will and your Binding Death Nomination arrangements.

For advice on your Will and gifting superannuation, get in touch with us today.

I Want To Donate My Body To Science – What Legal Steps Do I Have To Take?

Some people wish to contribute to science and medical research by bequeathing their body to a research institution. This is an important contribution to universities and organisations across the state, however, if not done properly, your gift may not be legally possible.

DONATING THROUGH A WILL?

In New South Wales, it is not possible to consent to donate your body to science through your Will alone, and research organisations will not be able to accept donations from your executor.

WHAT SHOULD I DO INSTEAD?

To make an effective donation of your body, there are important steps to take:

Identify which organisation you’d like to receive your donation

There are a number of organisations which may benefit from your donation, including universities, the Organ Donor Register and the Brain Bank. A list of these organisations is available at the bottom of this page.

Each organisation has its own list of criteria which may make you ineligible, including certain illnesses or risk factors. Consider carefully whether your chosen organisation will be able to accept your contribution

Register with the organisation

Each organisation has a registration process for donors, including medical disclosures. Get in touch with them directly to commence the process

Prepare your Will and nominate your executor

Make sure the person responsible for managing your affairs when you pass is aware of your registration with the organisation and has a copy of relevant paperwork. When you pass, there is a very limited window of time for your donation to be accepted by the organisation and transported to their facilities for use. Your executor can take steps as soon as you pass to contact the organisation and increase the chances of a successful donation. Your executor should also be aware of your alternative preferences if your body cannot be accepted.

HOW LONG CAN MY REMAINS BE STORED

Under NSW law, human specimens can be stored for a maximum of four years, with a possible extension for an additional four years.

WHAT HAPPENS ONCE MY REMAINS CAN NO LONGER BE USED?

While each organisation will have different processes, many organisations will arrange for cremation at the end of the retention period, and will cover the costs of the cremation. Your family will then be able to receive your ashes.

WHAT HAPPENS IF MY REMAINS CAN’T BE ACCEPTED?

There are many reasons why an organisation may be unable to accept your donation, including illnesses or medical reasons, if you pass outside of their donation area or if there is limited capacity to accept your donation. If this happens, your executor or family will be responsible for making decisions about if your body should be buried, cremated or otherwise managed. It is important you communicate your alternate wishes with your loved ones.

ORGANISATIONS ACCEPTING DONATIONS

University of New South Wales School of Biomedical Sciences – Bequeathal Program: https://www.unsw.edu.au/medicine-health/our-schools/biomedical-sciences/partner-with-us/bequeathal-program

University of Technology, Sydney – Body Donation Program: https://www.uts.edu.au/about/faculty-science/surgical-and-anatomical-science-facility/body-donation-program

University of Sydney – Body Donor Program: https://www.sydney.edu.au/medicine-health/industry-and-community/support-us/body-donations.html

Macquarie University – Body Donations: https://www.mq.edu.au/faculty-of-medicine-health-and-human-sciences/engage-with-us/body-donations

Western Sydney University – Body Donor Program: https://www.westernsydney.edu.au/body-donor-program

Australian Organ Donor Register: https://www.donatelife.gov.au/register-donor-today

MS Australia Brain Bank: https://msbrainbank.org.au/

Lions Eye Bank: https://lionssavesightfoundation.org.au/lions-nsw-eye-bank (Please note, donations to the Eye Bank can be facilitated through the Australian Organ Donor Register)

Please note this list is not exhaustive.

Importance of having a Will

Planning for what happens to your estate after you die is an important step to ensure that your wishes are clear to your family, and to minimise stress and confusion for those left behind. A well-drafted Will is a critical part of this plan.

A Will is a formal written document which sets out how you want your property (“estate”) to be distributed when you die. Whilst a Will can appear to be a simple document, there are many formalities which need to be observed to ensure a Will accurately reflects your wishes. This includes ensuring your Will is properly signed and witnessed according to law.

Some important considerations include:

Your choice of Executor to seek Probate (the person who will be responsible for enforcing your wishes)
How your debts will be settled
How your funeral and testamentary costs will be paid
Who receives your property, including superannuation
Gifts to family, friends and organisations which are important to you
Tax implications of your gifts

Creating a valid Will can ensure instructions are in place for care and guardianship of minors and other dependants and is a way to leave gifts to children for when they grow up.

What happens if I don’t have a Will?

If you die without a Will (or ‘die intestate’), your possessions and assets will be divided as per the Succession Act 2006 (NSW). This Act passes your estate automatically to your spouse or relatives in a prescribed order which may differ from your wishes.

Dying without a Will means that gifts cannot be left to friends.

Wills for Marriage, Partners and Divorce

Having a clear and properly executed Will is important whenever there is a significant change in your relationship. This includes when you are married, or when a marriage comes to an end, and if you are cohabitating with a partner.

If you have a blended family, it is important to ensure that your Will reflects care arrangements for any dependents in your household.

Emergency Wills

If you or a family member believe that there is an urgent need for a Will to be drawn due to illness or injury, please get in touch with us before it is too late to do so. Please call our office and let us know the emergency and we will discuss with you how we can help. Our solicitors often visit hospitals and nursing homes by arrangement.

Get started on your Will today

With over eight decades of experience in Estate planning, the team at Redmond Hale Simpson is ready to answer any questions you have about making a Will. We offer fixed price Wills packages.

Understanding Property Ownership Types

There are mainly two types of property ownership: Joint Tenancy and Tenancy in Common, with each having significant distinctions. Upon purchasing a property, its ownership type is specified on the transfer document. Joint Tenancy is noted for the right of survivorship; this means that if one owner dies, their share directly transfers to the remaining owner(s), overriding wills or separation agreements.

Conversely, Tenancy in Common permits the distribution of each owner’s property share according to their will, without an automatic right of survivorship.

Recognising the differences in ownership structures is crucial for several reasons, including considerations for taxes, estate planning, and safeguarding assets. Often, purchasers of property might not fully grasp the implications of each ownership structure, leading to a desire for changes that come with substantial costs. Relationship alterations frequently necessitate ownership adjustments.

Changing Ownership

It is possible to change ownership types, but such changes can incur tax implications. Specifically, altering property ownership often triggers Stamp Duty expenses in New South Wales (NSW), calculated on the property’s market value at transfer time. For example, a switch from Joint Tenancy to a single owner for a property valued at $1.5 million could lead to an approximate Stamp Duty of $28,000, barring exemptions.

Estate Planning

To align estate management with personal wishes posthumously, individuals might change their property’s ownership type. Transitioning from joint tenancy to tenancy in common allows an owner to dictate their property share’s distribution through their will, offering more control over their estate.

Relationship Changes

Changes in personal relationships, such as marriage or entering a de facto partnership, might prompt the addition of a spouse or partner to the property title, shifting the ownership to either joint tenancy or tenancy in common. Similarly, separation or divorce could require removing a spouse or partner from the title. In NSW, property transfers between partners, whether married, separated, or in de facto relationships, may qualify for stamp duty exemptions.

Financial Considerations

Owners might also modify their property ownership type for tax optimisation, investment strategy alignment, or asset protection. Shifting to tenants in common, for example, allows for specifying different ownership shares, possibly offering tax benefits or aligning with individual investment preferences. Strategic financial planning might necessitate such changes for enhanced tax efficiency or investment outcomes.

Other Factors

Several other considerations can influence ownership changes.

Under the NSW Succession Act, the court can include a deceased’s ‘notional estate’—property controlled or benefitted from before death—in family provision claims, potentially affecting joint tenancy properties. Additionally, severing joint tenancy following a relationship breakdown can clearly define and protect each party’s interest, often a strategic estate planning move to ensure assets are distributed as desired, circumventing the automatic transfer inherent in joint tenancy laws.

In the context of family law, in the aftermath of a relationship breakdown, it may become necessary to sever this joint tenancy to ensure that each party’s interest in the property is clearly defined and protected and may prevent improper dealing of that property. In the broader context of estate planning following a relationship breakdown, severing joint tenancy is often a strategic step to ensure that assets are distributed according to the party’s wishes. It is a preventive measure against the risk of significant assets, like the family home, bypassing the intended estate plan due to the operation of joint tenancy laws.

Process

In NSW, changing property ownership involves legal steps, including completing specific forms for the Land Registry Services and potentially dealing with Revenue NSW for stamp duty matters. Consulting legal and financial professionals is essential to navigate these changes legally and effectively.

Changing tenancy is a significant decision with profound implications for property rights and estate planning. Individuals considering this should seek legal and financial advice to understand the implications fully and ensure that their interests are protected.

Disclaimer

This information is provided for general informational purposes only and should not be considered legal advice. Property ownership and its implications can vary significantly depending on individual circumstances, legal jurisdiction, and changes in law. It is crucial to consult with a qualified legal professional to understand the specific implications of your situation. Do not rely on this information for making legal decisions. Seek personalised legal advice to ensure your decisions are informed by the most current legal standards and practices and are suitable to your situation.