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

Practical tips for executors where there has been an active enduring power of attorney

If the deceased’s affairs were being managed under an enduring power of attorney before death, testate administration can be significantly more complicated. By JEN MCMILLAN.

By - 3 min read

Costly mistakes in using deceased estates exemptions from duty

Care needs to be taken when beneficiaries to an estate propose to enter into a deed of family arrangement to prevent duty being triggered unintentionally….

By and - 7 min read

Transactions involving enduring powers of attorney

Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.

By - 4 min read

Elder abuse: time for a national legal response

The issue of elder abuse in the context of pressure to make or change wills was one of the many topics considered by the ALRC…

By - 6 min read