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
Recent decisions involving mutual wills agreement, the validity of witness gifts, executor duties and elder financial abuse. By DARRYL BROWNE.
By Darryl Browne - < 1 min read
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 - < 1 min read
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 - < 1 min read
Recent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.
By Darryl Browne - < 1 min read
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
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
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
Is an electronic will created on an iPad and executed using an iPad pen valid?
By Mary-Ann de Mestre - < 1 min read
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.
By Ines Kallweit and Rachael Hocking - < 1 min read
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
Changes to the Foreign Investment Review regime have important implications for testamentary gifts to foreign persons and the administration of deceased estates.
By Jennifer Vuu - < 1 min read
High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.
By Darryl Browne - < 1 min read