Derivative actions for deceased estates

DARRYL BROWNE explains the practicalities of derivative actions for deceased estates.

Powers of Attorney – an ‘enduring’ source of liability for solicitors

A discussion of Reilly v Reilly [2017] NSWSC 1419 and restrictions on Powers of Attorney imposed by the general law. By GREG COUSTON and TONY…

Solicitors as executors: responsibilities and rewards

Solicitors should  be mindful of the complications which can arise if a will maker appointments you as their executor.  By JOHN CLARKE.

The many guises of informal wills

Recent decisions show that an informal will may be found in almost any format and made in almost any manner.  By DARRYL BROWNE.

Estate planning traps: binding death benefit nominations and enduring powers of attorney

The authority of an enduring attorney is expressed differently in each jurisdiction. But a Queensland decision may have relevance in New South Wales. By JEN…

‘Insane delusion’ and testamentary capacity: Carr v Homersham

The judgement in Carr v Homersham delivers a valuable analysis of the scope of ‘mental incapacity and‘insane delusion’ in the context of estates law. By…

Costly mistakes in using deceased estates exemptions from duty

Care needs to be taken when beneficiaries to an estate propose to enter into a deed of family arrangement to prevent duty being triggered unintentionally….

Elder abuse: time for a national legal response

The issue of elder abuse in the context of pressure to make or change wills was one of the many topics considered by the ALRC…

Challenges to the validity of wills: reminders from recent decisions

There are an increasing number of challenges to the validity of wills alleging lack of testamentary capacity or insufficient knowledge and approval. By DARRYL BROWNE.

An international will or a will in each jurisdiction?

The international wills regime is intended to harmonise and simplify the proof of formalities of wills executed in signatory countries. By CHRISTINE SMYTH and KATERINA…