Recent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
By Darryl Browne - 2 min read
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
By Darryl Browne - 1 min read
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
Smartphones hold more than texts and notes—they may contain your client’s final and enforceable testamentary wishes.
By Mary-Ann de Mestre - 2 min read
Key rulings on family provision, hotchpot, rectification, superannuation and law reform in England and Wales.
By Darryl Browne - 2 min read
Key rulings on will construction, inheritance contracts, injunctions restraining solicitors, informal wills, headstones and superannuation. By DARRYL BROWNE
By Darryl Browne - 2 min read
A simple guide on how to identify, protect and reclaim assets before they become ownerless under Australian law.
By Hayder Shkara - 1 min read
Key elder law rulings on notional estates, family provision costs, powers of attorney, executorship and production of wills.
By Darryl Browne - 2 min read
A recent Federal Court decision examines the situations giving rise to testamentary offsets, key cases and other similar equitable principles.
By Darryl Browne - 2 min read
Why digital assets like crypto and NFTs demand a place in your estate plan, and how courts and practitioners are adapting to the digital frontier.
By Mary-Ann de Mestre - 1 min read
Key rulings on family provision, superannuation disputes and notification duties that discuss fairness, eligibility and estate administration.
By Darryl Browne - 2 min read
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
By Darryl Browne - 2 min read
Courts are increasingly willing to step outside the traditional presumptive relationships of influence following recent adoption of UK case law.
By Mary-Ann de Mestre - 1 min read