Szabo & Associates Solicitors

06/10/2026

If you are considering contesting a Will in NSW, the evidence you need will depend on the type of claim. Challenging whether a Will is valid is different from seeking greater provision from an estate.

Earlier Wills, medical records, financial documents, witness accounts and the solicitor’s file may all be relevant. The first step is understanding what the evidence needs to establish.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:
• How the type of claim affects the evidence required
• Which documents and witness accounts may help
• Why the solicitor’s Will file can be important
• Steps to take when gathering evidence

Read more in our article: https://szabosolicitors.com.au/what-evidence-do-you-need-to-contest-a-will-in-nsw/

What evidence do you need to contest a Will in NSW? Learn how medical records, earlier wills, witness accounts and financial documents can support a claim.

21/09/2026

A retail lease will usually state how the tenant is permitted to use the premises. If the tenant wants to introduce a new service, change its business model or operate a different type of business, the existing permitted use may no longer be suitable.

Changing the use is not always straightforward. Landlord consent, planning approval, licensing requirements and the terms of the lease may all need to be considered before the change is made.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• What a permitted use clause means
• When landlord consent may be required
• What landlords and tenants should consider
• The risks of changing the use without approval

Read more in our article: https://szabosolicitors.com.au/changing-the-permitted-use-of-a-retail-lease-in-nsw/

Learn when NSW retail tenants need landlord consent to change permitted use and how lease terms, planning approval, fit-out and assignment rules may apply.

13/09/2026

Executors are responsible for administering and distributing an estate, but an actual or threatened Will dispute can make it difficult to know when assets should be released.

Distributing too early may leave the estate unable to meet a later claim and could expose the executor to personal liability. In some circumstances, however, a carefully considered partial distribution may be possible.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• When an executor should delay distributing an estate
• The risks of distributing assets too early
• Whether a partial distribution may be appropriate
• What executors should do after receiving notice of a claim

Read more in our article: https://szabosolicitors.com.au/can-an-executor-distribute-an-estate-during-a-will-dispute/

Learn whether an executor can distribute an estate during a Will dispute in NSW, including time limits, notices, partial distributions and financial risks.

07/09/2026

The cost of contesting a Will is a common concern for claimants, executors and beneficiaries involved in an estate dispute.

Although legal costs may sometimes be paid from the estate, this is not automatic. The outcome of the dispute, the conduct of those involved and any settlement offers made can all affect who is ultimately responsible.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• Who usually pays legal costs in a Will dispute
• When costs may be paid from the estate
• When a party may be ordered to pay costs personally
• How mediation and settlement offers can affect costs

Read more in our article: https://szabosolicitors.com.au/who-pays-legal-costs-when-contesting-a-will-in-nsw/

Learn who pays legal costs when contesting a Will in NSW, when estate funds may be used and the financial risks for claimants, executors and beneficiaries.

01/09/2026

When a commercial tenant appears to have abandoned their premises, landlords may be left with unpaid rent, property left behind and uncertainty about how to regain possession.

Acting too quickly could expose a landlord to legal and financial risks. Before changing the locks, terminating the lease or disposing of goods, it is important to confirm what has happened and follow the correct process.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• How to establish whether a tenant has abandoned the premises
• What landlords should check in the lease
• How to deal with unpaid rent and lease security
• What to consider before removing property left behind

Read more in our article: https://szabosolicitors.com.au/commercial-tenant-abandonment-in-nsw-what-can-landlords-do/

Learn what NSW commercial landlords can do when tenants abandon premises, including re-entry, unpaid rent, lease security, goods and rights when reletting.

27/08/2026

When a commercial lease expires, it does not always mean the tenant must immediately leave the premises.

A holding over lease may arise where a tenant remains in occupation with the landlord's consent, allowing the tenancy to continue under many of the existing lease terms until new arrangements are made or the tenancy ends.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• What a holding over lease is
• How holding over arrangements work
• The rights and obligations of landlords and tenants
• Why obtaining legal advice before continuing to occupy premises is important

Read more in our detailed article: https://szabosolicitors.com.au/what-is-a-holding-over-lease-in-nsw/

19/08/2026

Can a landlord increase the rent whenever they choose during a commercial lease?

In most cases, the answer depends on the terms of the lease.

Rent reviews are usually governed by specific clauses that set out when rent can be increased and how the new rent is calculated. Commercial retail leases may also be affected by the Retail Leases Act 1994 (NSW).

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• When rent can be increased
• Common types of rent review clauses
• How market rent reviews work
• What landlords and tenants should know before a dispute arises

Read the full guide: https://szabosolicitors.com.au/can-a-landlord-increase-rent-during-a-commercial-lease-in-nsw/

11/08/2026

If you are a beneficiary of a deceased estate, you may be wondering whether you have the right to see the estate accounts.

While beneficiaries are not automatically entitled to every financial document, executors have important duties to keep proper records and, in many circumstances, provide information about the administration of the estate.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• What estate accounts are
• When beneficiaries can request financial information
• An executor's legal obligations
• What to do if concerns arise about the administration of an estate

Read more in our detailed article: https://szabosolicitors.com.au/can-a-beneficiary-see-estate-accounts-in-nsw/

03/08/2026

If you are concerned that an executor is not properly administering a deceased estate, you may be wondering whether they can be removed.

In New South Wales, the Supreme Court has the power to remove an executor in certain circumstances, but it is not a decision the Court takes lightly. Serious misconduct, conflicts of interest or a failure to properly administer the estate may justify legal intervention.

𝐎𝐮𝐫 𝐥𝐚𝐭𝐞𝐬𝐭 𝐚𝐫𝐭𝐢𝐜𝐥𝐞 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐬:

• When an executor may be removed
• Common grounds for Court intervention
• The legal process involved
• Practical steps beneficiaries can take

Read our detailed guide here: https://szabosolicitors.com.au/can-an-executor-be-removed-in-nsw/

24/09/2025

Superannuation is often one of the most valuable assets a person owns. However, many Australians are unaware that it does not automatically become part of their estate upon their passing away.

Read more in our article - link in comments.