From occupation of estate property to investigating prior transactions, this article examines recurring sources of executor conflict and delay.
By Mary-Ann de Mestre - 2 min read
Cases highlighting several cases with applications to remove or pass over an executor, hotchpot applications, lost informal wills, and much more.
By Darryl Browne - 1 min read
A farm sale exposes costly CGT and GST traps when legal ownership, partnership accounts and the purchaser’s intended use are overlooked.
By Jim Main - 1 min read
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
By Darryl Browne - 2 min read
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
Key rulings highlight elder abuse risks, statutory will complexities, appropriation powers and judicial willingness to impose personal costs or contempt findings.
By Darryl Browne - 2 min read
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.
By Professor Prue Vines - 12 min read
Doctrine of hotchpot, probate guidance, adult child family provision, family tree diagrams, interpretation of ‘vesting’ and international disclaimers.
By Darryl Browne - 12 min read
Trust structures can derail estate plans. This scenario shows why lawyers must check deeds, vesting dates and foreign person clauses before drafting a will.
By Amanda Tully - 1 min read
Decisions on informal wills, EPoA compliance and forum disputes—offering guidance on intention, donor protection and international estates.
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