From occupation of estate property to investigating prior transactions, this article examines recurring sources of executor conflict and delay.
By Mary-Ann de Mestre - 2 min read
Cases highlighting several cases with applications to remove or pass over an executor, hotchpot applications, lost informal wills, and much more.
By Darryl Browne - 1 min read
A farm sale exposes costly CGT and GST traps when legal ownership, partnership accounts and the purchaser’s intended use are overlooked.
By Jim Main - 1 min read
Cases highlighting the complexities of identifying beneficiaries, construing wills and distributing superannuation death benefits among competing claimants.
By Darryl Browne - 2 min read
Important cases on trust administration, disputed estate entitlements, succession agreements and the recovery of misapplied estate assets.
By Craig Birtles - 1 min read
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min read
The latest cases consider preliminary discovery in will disputes, estate sale injunctions, construction of ‘issue’, section 95 releases and powers of attorney.
By Darryl Browne - 1 min read
Recent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
By Darryl Browne - 2 min read
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
By Darryl Browne - 1 min read
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
An illustration of the severe tax and duty risks that arise when wills purport to deal with assets held through companies and trusts.
By Amanda Tully - 1 min read
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
By Darryl Browne - 1 min read
A review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
By Darryl Browne - 1 min read