Estate Planning Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Estate Planning.

Utah’s New Statutory Durable Power of Attorney

A Durable Power of Attorney allows the principal to authorize another person (your agent) to make financial decisions the principal specifies in...
FIND LEGAL ARTICLES

Estate Planning: Clarifying Your Wishes

The reality is that estate planning is necessary for everyone — no matter the value of their assets.

Prenuptial Agreements: Are They Really Necessary?

Why are your children so concerned about your new life? Are they overreacting?

Trusts in Cyprus

Cyprus offers a reliable and popular solution for foreign nationals who wish to freely administer their estate through a Cyprus International...

European Succession Regulation (650/2012) and the Impact on Cyprus Inheritance & Succession Law

Succession law varies considerably from one EU country to another . A major step to facilitate cross-border successions was the adoption on 4...

Basic Aspects of Cyprus Inheritance and Succession Law

The law of inheritance and succession in Cyprus is regulated by a number of statutes, the chief of which are the Administration of Estates Law...

Composing a Valid Testament and Disposable Portion of the Inheritance in Cyprus

The law of succession and inheritance in Cyprus is regulated by a number of statutes, the chief of which are the Administration of Estates Law...

Probate of Wills and Administration of Estates in Queensland, Australia

At the demise of a loved, there is the need to administer their estate as per their wishes. If the deceased died testate, then the process of...

Wills and Succession Law in Cyprus

The provisions of Cyprus succession law are applicable in cases where the deceased in question had been domiciled in Cyprus at the time of...

The Legal Impact of Brexit on the Real Estate Investments of UK Nationals in Bulgaria

Many UK nationals have purchased in Bulgaria an apartment, a house with land or simply a piece of land in the mountains or near the seaside to...

How Estate Executors Can Successfully Navigate the Florida Probate Process

If you have been named the executor (a/k/a personal representative) of an estate, you will probably have some questions about your exact duties...

Understanding the Process of Probate in Florida: What You Need to Know

According to the Florida Bar Association, probate is a court-supervised process of finding and collecting the assets of a deceased person...

Contesting a Will in Queensland: How It Works

Challenging a valid will is very tricky, and the courts are, especially wary about interfering with the wishes of a deceased. Sometimes,...

Buying Property in Queensland - What Does a Conveyancer Do?

Deciding to purchase a property is a critical decision. Once you decide to go ahead and make a real estate transaction, you will have to follow...

A Living Trust, Just What Is That?

Many probate and estate planning attorneys act as if everyone should have a trust yet most Americans don’t even have a simple hand written will....

Common Misconceptions about Probate

The number one misconception people have about probate is that having a will means no probate; all wills go to probate, whether it was a...

How Do You Know if Your Probate Attorney Is Qualified?

What Should I Ask an Attorney that Handles Probate and Estate Planning? Ask about their experience; ask them how many probates have they...

Elder Law and Estate Planning

Today it's more important than every before to plan your estates. People are living longer and thus acquiring more assets, it is imperative that...

Understanding and Defending a Will in California

Probate is a division of the Superior Court of the State of California. The Probate court has jurisdiction over what are deemed “legally...

A Trap in Romanian SRL Statutes for the Unwary

Most investors and companies that wish to incorporate a company in Romania chose to form a limited liability company (SRL). As Romanian lawyers...

A Trustee’s Responsibilities Administering a California Living Trust

Estate planning clients often have a lot of questions about their obligations as a trustee of their living trust. Where the acting trustee is...

Property Purchase: Investments in Italian houses

Chinese attracted by investments in Italian houses: In the last few years Chinese people have been attracted by investments in Italian houses....

In Italy, the Luxury Market Speaks Chinese

Beijing has recently held the twelfth edition of the Luxury property showcase, Real Estate Luxury Fair, promoted by the Ferretti group and Bank...

Enhanced Life Estate Deeds in Florida

Enhanced life estate deeds, commonly known as “Lady Bird Deeds” provide a legal mechanism for property to pass automatically to a person or...

Wills, Estates, and Trusts

A person’s estate is comprised of everything you own, including your car, house, bank account, life insurance, personal possessions, and...

Rules of Succession in Dubai, United Arab Emirates

What law governs The main source of law in the UAE is Sharia in which all laws are formulated and based on. It is considered a public order.

Heirs According to Shariah Principles of Succession in UAE

Shariah lays down the relations that qualify as heirs following the death of an individual. The deceased's estate can only be transferred to...

Benefits of a Florida Land Trust

A Florida land trust is a legal agreement under which the title of real property is vested to a trustee. The beneficiaries of the trust direct...

What Is Ancillary Probate?

  By HG.org
Ancillary probate is a mechanism of having two probate proceedings going on at the same time in different states. Whether a person’s estate will...

What is Florida Probate?

Florida Probate Guide - a discussion of the different types of probate options in Florida.

Inheritance of Company Shares in Bulgaria

Aiming to clarify the main points of the procedure for inheritance of company shares under the Bulgarian Commercial law

Four Grounds to Contest a Will

Simply being unhappy with the distribution of assets or the delay of the probate proceeding in general is not sufficient grounds to successfully...

Knowledge Is the Best Weapon Against Uncertainty

As you embrace your life changes and follow the goals you set, we would like to encourage you to include Estate Planning on your list. Most of...

Business Inheritance in Ukraine

The one of advice would be that business owners, especially if the business is successful, it is necessary to think in advance about the solving...

Grounds and Procedures for Contesting a Will

  By HG.org
A person’s Last Will and Testament declares how he or she wants property distributed upon death. This legal document has great power, and courts...

Contesting a Trust

  By HG.org
While many individuals have heard of contesting a will, a trust may also be contested in certain circumstances. If a trust is successfully...

What is HEBA in the UAE?

In general, Heba is an unconditional transfer of property made immediately and without exchange or consideration by one person to another and...

Inheritance Rules for Non-Muslims in the UAE

Although Article 17/1 of the Civil Code of the UAE provides that it is the law of the deceased that shall govern the inheritance at the time of...

The High Court Division's Recent Judgment on Pecuniary Jurisdiction in Bangladesh

In the recent judgment (First Miscellaneous Appeal 218 of 2014), the High Court Division of the Supreme Court of Bangladesh gave its verdict on...

Having a Plan for Your Family Is the Right Thing To Do

For most people, Estate Planning is a mystery; for others, it’s simply not a priority for the simple reason that there is always time to do it...

Debunking Two Common Florida Probate Myths

People unfamiliar with Florida probate law can make some unfounded assumptions about what happens to debt and property after a family member...

What is the “Residue” of a California Probate Estate?

What does residue mean as a legal definition, and how is it important in a California probate lawsuit?

How to Contest a Will or Trust

  By HG.org
A will is considered the final words of an individual and as such, it is given much consideration by the court. Trusts are created during the...

Finding the Right Probate and Estate Attorney

When it comes to dealing with the loss of a loved one, one of the last things that any family member wants to do is call a probate or estate...

Benefits of a Financial Power of Attorney

Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they...

Estate Planning: Choosing Per Stirpes or Per Capita Distributions

“Per Stirpes” literally means “by roots or stocks; by representation” and is used interchangeably with “right of representation” by estate...

Every Young Person Should Have an Estate Plan

There is a misconception among the young and single that there is no need for them to have an estate plan - that at this point in their young...

What Are the Rules Governing Helpers Receiving Money or Gifts from Their Elderly Patients/Clients?

  By HG.org
It is not unusual for an elderly patient to develop a close and trusting relationship with a health aid or other helper. The patient may wish to...

A House Divided: Avoid Estate Planning Disaster

Your relative's estate plan is a mess - but your family doesn't know this yet. Planning isn't really the problem: there is no planning. And if...

Abused Beneficiaries: Decoding the Language of Probate and Trust Litigation

In California as elsewhere, most people are generally unwilling participants in estate disputes. There's no difference whether the dispute...

Do You Really Want To Be An Executor?

When reading the case of Dueck v. Chaplin 1, I am reminded of an article from the Globe and Mail entitled “Executors beware– it’s not an easy...

A Look at Legacy Planning

Legacy planning is a thorough, comprehensive approach to the estate planning process.

What Is a Constructive Trust?

  By HG.org
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is...

Transfer Real Estate Without Probate With a Lady Bird Deed

A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife,...

When an Acting Power of Attorney Isn’t the Right Person for the Job in Ontario, Canada

A woman felt her Mom’s power of attorney was doing such a terrible job that her Mom’s health was at risk. But that’s the middle of the story....

Paying Children to Care for Their Parents in Ontario, Canada?

When children grow up and start families of their own, they remain involved in their parents’ lives to varying degrees. Across Ontario, adult...

Interpreting a Will: Small Details, Large Consequences in Canada

Sometimes, people in second marriages who make wills balance two loyalties. On the one hand there are the children of the first marriage. On the...

What to Consider When Considering An Estate Planning Attorney?

The list of reasons supporting the consideration of consulting with an "Estate Planning Attorney" is long and an important consideration by...

Cyprus International Trust

A Trust is an arrangement whereby a person known as the ‘Settlor’ transfers ownership of property to another person or persons, the 'Trustees’...

How to make a Will in China?

It is very professional to make a valid will. People usually think it easy to make just by transcribing their intent on papers. But China law...

Trustbuster – The Rule in Saunders v. Vautier

Trusts are often used to control children and grandchildren from the grave. Sometimes the will-maker (“Testator”) holds back the money until the...

Rights of Lineal Relatives After Adoption

  By HG.org
When a person is adopted, the legal relationship between that individual and birth parents and other individuals is altered. In many states,...

Joint Accounts – Rebutting the Presumption of a Resulting Trust in Canada

Two people own a bank account in joint tenancy. In the ordinary course, when a joint tenant dies, the surviving joint tenant is entitled to the...

Why Would Probate Be Avoided?

Probate is a legal process that serves a purpose, but it comes with some drawbacks.

China Inheritance Law, How to Split Shares of Estate Between Successors?

As more and more Chinese emigrate overseas, cross-border inheritance happens more often than usual. But we find that a lot of people ignore...

What Are My Obligations as Executor?

  By HG.org
The executor of an estate has many responsibilities. This individual may have been named in the will because the decedent placed particular...

Leaving Your Things to Friends After Your Death

  By HG.org
When considering your final affairs, you may find there are things that you would like to pass to people outside of your immediate family. In...

What Advantages Do Living Trusts Provide?

Many people think that trusts are only useful for the wealthy, but this is not the case.

What Are My Rights as an Executor and Beneficiary?

  By HG.org
Executors and beneficiaries to a will each have rights and responsibilities as promulgated under state law. Both have important roles in the...

Changes Affecting Trust and Estate Practitioners in Argentina

After the massive economic and political crisis in Argentina in 2001; a period with demonstrations- clashes between demonstrators, the police...

Creating a Living Will

  By HG.org
Creating a living will can help bring peace of mind for you and your loved ones. It explains in writing what kind of medical care you want and...

Inherited IRAs & the Taxes Involved

Receiving an inheritance can be a blessing, but there are typically tax obligations involved including the inheritance of an IRA. If you inherit...

Succession to Cyprus Shares

Shares in a Cyprus company are treated as being located for legal purposes in Cyprus. Therefore, when a registered shareholder of a Cyprus...

How to Split Right of Car Plate by Divorce or Inheritance in China

Car plates are very hard to get in China. What is its value in the case of divorce and inheritance?

Four Ways to Protect Heirlooms from a Family Feud

The passing of family heirlooms from one generation to another should be a welcome tradition in most families, but unfortunately, this process...

The Rights of the Unborn to Support Under Ontario’s Succession Law Reform Act

Dagg v. Cameron [1] is one of those cases that law school professors use to challenge the way you think.

Have Technicalities Trumped Substance in Wills and Estates?

Our law values the right of the individual to decide what happens to their money after they die. It protects that right by ensuring that certain...

What Are the Grounds to Contest a Will?

  By HG.org
Because wills provide the final word from a decedent, courts are hesitant to step into the decedent’s shoes and attempt to speculate on his or...

Do Children Have the Right to Inherit?

  By HG.org
Whether a child has the right to inherit largely depends on whether the person who died has a valid will or not. With a will, the testator...

Inheritance Laws

  By HG.org
Inheritance laws are determined on the state level. These laws come into effect when the person who died left no will or his or her will is...

The Disadvantages of a Living Trust

  By HG.org
Many financial service providers spout the advantages of a trust, promising that trusts can be used as an asset protection tool and can help...

Don’t Neglect these Issues that Could Deplete Your Estate

Individuals need to take the following often-neglected but important issues into consideration when developing an estate plan or they risk...

Are Lawyers Who Draft Wills Negligent for Failing to Verify Ownership of Property?

Let’s look at the Alberta case of Meier v. Rose[1] to see how the Honourable Madam Justice J.H. Goss addressed the issue of whether lawyers who...

Can Unconscionable Behaviour Disentitle a Dependant to Support?

Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the...

How to Execute a Will in Spain

The Spanish legal system establishes three main forms of wills: holographic wills, open wills and closed wills.

Components of a Good Estate Plan

A thorough estate plan should be designed to avoid probate, save on estate taxes, appoint someone to act for you if you become disabled, and...

What Is the Process of Probate?

  By HG.org
The probate process is the legal process that is undertaken after a person dies. This process helps to identify the individual’s rightful...

Can I Avoid Probate?

  By HG.org
Probate is a process in which a person’s final affairs are wrapped up, debts are paid off and any remaining assets are distributed according to...

In Canada, Depending on where You Live Parents’ Moral Obligations to Children Entitle Them to an Inheritance

British Columbia yes – Ontario maybe. Based on a case called Tataryn, British Columbia courts will, in many circumstances, ensure that...

What Are the Laws of Intestacy?

  By HG.org
The laws of intestacy are the default rules that are followed to dispose of a person’s probate estate after he or she dies. These laws are based...

Digital Assets in Estate Planning

  By HG.org
Many individuals account for their real estate, securities and tangible property as part of their estate plan. However, much of people’s lives...

Holographic Wills: Pros and Cons

  By HG.org
Having a will helps prevent a testator’s estate from passing through the laws of intestacy. However, if the will is not executed properly, these...

Does My Will Have to Be Witnessed?

  By HG.org
Wills allow individuals to avoid the state’s rules about who gets what portion of a decedent’s estate. They also allow individuals to name their...

What is a Statement of Succession

A statement of Succession “Dichiarazione di Successione” is required whether the deceased is intestate or has, through an Italian Will,...

How Do Inheritance Rights Vary Between Legitimate and Illegitimate Children?

  By HG.org
Once, expectant parents were quite concerned about marrying before a child was born in order to protect that child's claims to legitimacy. There...

Contributing to Your Grandchildren's Future

When estate planning, gifting assets to your grandchildren can do more than help your descendants get a good start in life; it can also reduce...

Can Domestic Contracts Prevent Dependant's Relief Claims?

There is interplay between sections of the Family Law Act (“FLA”), and those of the Succession Law Reform Act (“SLRA”), in particular as it...

What is the Legal Relevance of Power of Attorney?

Although you may be familiar with the words “Power of Attorney” you may not have a full understanding of the concept. In order to shed some more...

Who Will Have Custody of Your Children in Ontario, Canada

Is it up to you who will have custody of your children after your death? Not necessarily.

The Duties of a Trustee: How to Choose, How to Prepare

It is not unusual for a family member to be named as trustee for a trust that benefits a number of other family members. However, just because...


Find a Lawyer

Find a Local Lawyer