Trouble at the bank of mum and dad
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 - 7 min readGift 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 - 7 min readLawyers 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 - 7 min readCourts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.
By Sophie Duffy and Charu Stevenson - 4 min readIs an electronic will created on an iPad and executed using an iPad pen valid?
By Mary-Ann de Mestre - 5 min readThe 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 - 6 min readA 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 - 6 min readChanges to the Foreign Investment Review regime have important implications for testamentary gifts to foreign persons and the administration of deceased estates.
By Jennifer Vuu - 7 min readHigh 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 - 7 min readA person cannot be compelled to accept a gift of property against their will. A rejection of an inheritance is commonly called a ‘disclaimer’.
By Jennifer Vuu - 8 min readTwo unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 7 min readWhat to do when time is not on your side and a delay in administering the estate might jeopardise its value.
By Jennifer Vuu - 9 min readAs awareness grows of the prevalence of elder abuse in the community, solicitors need to be alert to the potential issues with intra-family transactions.
By Jen McMillan - 4 min readThe complexities of administration of insolvent estates and estates with bankrupt beneficiaries.
By Jennifer Vuu - 6 min read