An old, oral, unwitnessed promise can be equivalent to a testamentary act
The High Court held a promisor need not engage in conduct encouraging reliance on that promise for it to be enforceable by a court.
By Darryl Browne - 2 min read
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.
By Darryl Browne - 2 min read
Supreme Court Practice Note and NSWCA clarifies assumptions in wills and estates law
Wills and estates practitioners have new rules and precedent to follow with a new Supreme Court Practice Note and an influential decision in Alexakis.
By Daniela Faggionato and Caitlin Watson - 1 min read
Elder law & succession: August 2024
Recent decisions involving mutual wills agreement, the validity of witness gifts, executor duties and elder financial abuse. By DARRYL BROWNE.
By Darryl Browne - 11 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.
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.
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.
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.
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.
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.
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?
By Mary-Ann de Mestre - 2 min read