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Key decisions

  • Aslanidis v Aslanidis [2020] NSWSC 110
  • Cowap v Cowap [2019] NSWSC 1104
  • Cowap v Cowap [2020] NSWCA 19
  • Robinson v Robinson [2020] NSWCA 4

Unique times may call for a different approach

In these challenging times, solicitors may face greater difficulties in adhering to best practice approach to taking instructions for estate planning documents and arranging for their completion. 

Instructions: Taking instructions when the client cannot be properly identified creates risks for the client and solicitor. Proper identification may be difficult where instructions are not taken in person. There are usually concerns about the quality of instructions if others are present when the instructions are given, especially when those present can benefit from the legal work. When instructions are taken remotely, such as over the phone or by use of technology such as Skype, there are risks that unknown others may be present when the instructions are given.

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