Practical tips for dealing with testamentary capacity

Testamentary capacity is an issue that commonly arises in estate litigation. DAVID PRICE shares some pointers on dealing with this issue.

By - 6 min read

Tread carefully in charging for non-professional work in the administration of estates

The fees solicitors charge in estate administration are increasingly coming before courts, writes LOUISE BROWN.

By - 6 min read

Estate planning and superannuation death benefits

Estate planning and superannuation death benefits. By DARRYL BROWNE

By - 7 min read

Tips for finalising estate matters

Four tips to minimise risks when finalising estate matters. By JEN MCMILLAN.

By - 3 min read

Derivative actions for deceased estates

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

By - 7 min read

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…

By and - 6 min read

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.

By - 6 min read

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.

By - 7 min read

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…

By - 4 min read

‘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…

By - 4 min read