Elder law & succession: November 2024
Decisions on severance by divorce, the essential validity of a will, payment of estate debts, and informal wills and costs. By DARRYL BROWNE.Key decisions Re…
By Darryl Browne - 2 min read
Keeping it in the family: self-dealing is as dangerous as it sounds
The rules around self-dealing can complicate seemingly simple sales to executors of an estate: solicitors have a crucial role to play at all stages.Snapshot A…
By Susan Reid and Malcolm Cameron - 2 min read
To act or not to act? That is the question
Recent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.Snapshot Recent changes to the…
By Annie Knoke and Yvette Morris - 2 min read
Elder law & succession: May 2024
Recent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.Key decisions Simmons v Arthritis Queensland Ltd [2023] QSC 251 (Trustee remuneration)…
By Darryl Browne - 1 min read
Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.Snapshot With the…
By Anneka Frayne - 1 min read
Estate and family law planning for the ‘great wealth transfer’
Lawyers are seeing an unprecedented demand from clients for wealth protection plans to ensure their legacy is carried out upon death.Snapshot Wealth protection in romantic…
By Niki Schomberg and Chelsea Baker - 1 min read
Will preparation and joint tenancies
Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.Snapshot Joint tenancy ownership may prevent the transfer…
By Sophie Duffy and Charu Stevenson - 1 min read
Exploring the legal implications of electronic wills
Is an electronic will created on an iPad and executed using an iPad pen valid?Snapshot A recent Supreme Court of South Australia decision has examined…
By Mary-Ann de Mestre - 2 min read
Remotely valid? Validity of electronically signed wills following Re Curtis
The Supreme Court of Victoria recently considered whether a will executed electronically was valid and compliant with the remote execution provisions introduced during COVID-19.Snapshot A…
By Ines Kallweit and Rachael Hocking - 2 min read
Will construction and solicitors’ responsibilities
A recent NSWSC decision is a reminder of the importance of making detailed file notes of the testator’s instructions, retaining drafts of wills and reading…
By Mary-Ann de Mestre - 1 min read
Awakening the sleeping giant: FIRB obligations and testamentary gifts to foreign beneficiaries
Changes to the Foreign Investment Review regime have important implications for testamentary gifts to foreign persons and the administration of deceased estates.Snapshot Foreign persons proposing…
By Jennifer Vuu - 2 min read