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 and - 7 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 and - 4 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 - 5 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.

By and - 6 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 - 6 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.

By - 7 min read

Unscrambling the Oomidoodle’s egg

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 - 7 min read

Ready, steady, NO: tips and traps for beneficiaries wanting to reject an inheritance

A person cannot be compelled to accept a gift of property against their will. A rejection of an inheritance is commonly called a ‘disclaimer’.

By - 8 min read

A tale of two Stanfords: blended families and family provision claims

Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.    

By - 7 min read

A race against time: urgent preservation of estate assets and special grants of administration

What to do when time is not on your side and a delay in administering the estate might jeopardise its value.

By - 9 min read