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Key decisions

  • Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16
  • Badenach v Calvert [2016] HCA 18
  • Estate Sue [2016] NSWSC 721

EU succession regulation

I recently attended a presentation for STEP (Society of Trust and Estates Practitioners) by dual qualified (in Germany and New South Wales) practitioner Markus Christmann on the EU Succession Regulation which came into force on 17 August 2015. Consideration of its terms may require some fine tuning of will drafting where there is the possibility of ex-Australian assets. Note however that the Regulation does not affect estates in the United Kingdom, Ireland and Denmark. Practitioners should give consideration to the inclusion of a statement of ‘habitual residence’ of the willmaker and a declaration as to the applicable choice of laws in their wills.

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