Where there’s a will, there’s a way: offsets, ademptions and hotchpot
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 readA recent Federal Court decision examines the situations giving rise to testamentary offsets, key cases and other similar equitable principles.
By Darryl Browne - 2 min readWhy 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 readKey rulings on family provision, superannuation disputes and notification duties that discuss fairness, eligibility and estate administration.
By Darryl Browne - 2 min readThe rules around self-dealing can complicate seemingly simple sales to executors of an estate: solicitors have a crucial role to play at all stages.
By Susan Reid and Malcolm Cameron - 2 min readRecent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.
By Annie Knoke and Yvette Morris - 2 min readRecent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.
By Darryl Browne - 1 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 - 1 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 - 1 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 - 1 min readIs an electronic will created on an iPad and executed using an iPad pen valid?
By Mary-Ann de Mestre - 2 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 - 2 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 - 1 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 - 2 min read