Super death benefit claims where there is no binding nomination
The ins and outs of super death benefit claims where there is no binding nomination.
By Darryl Browne and Michelle Dixon - 6 min read
Derivative actions for deceased estates
DARRYL BROWNE explains the practicalities of derivative actions for deceased estates.
By Darryl Browne - 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 Greg Couston and Tony Reynolds - 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 John Clarke - 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 Darryl Browne - 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 Jen McMillan - 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 Talitha Fishburn - 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 Jen McMillan - 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 Dung Lam and Julie Humphreys - 7 min read
Transactions involving enduring powers of attorney
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.
By Jen McMillan - 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 Rosalind Croucher AM - 6 min read