Will making and hidden tax stings

Remember that transfers to beneficiaries of a will under a power of sale or testamentary option are not CGT free. By JIM MAIN.

By - 3 min read

Wealth – don’t leave it to the children?

Family business is a large and growing part of the economy, however family business owners often fail to devote sufficient time to planning the succession…

By - 6 min read

Searching for beneficiaries: how far does a practitioner’s duty extend?

Do legal practitioners owe a duty to missed beneficiaries or entitled persons overlooked on intestacy? By CHARLOTTE SCHAEFER.

By - 6 min read

Do I suggest an informal will? The Howe v Fischer appeal

Claims against solicitors by disappointed beneficiaries on the basis of delay in will preparation are on the increase. By RAY WARD and PETER MORAN.

By and - 3 min read

Family provision before death: Parens Patriae in the modern age

The recent case of W v H [2014] NSWSC 1696 sets out the key principles to be applied and the material considerations to take account of when…

By and - 6 min read

What to do with the family farm? Family provisions claims by grandchildren

The Court of Appeal has stated the principles applying to family provision claims by grandchildren. Plaintiffs who are not the spouse or child of the…

By - 7 min read

Do I suggest an informal will? The Howe v Fischer appeal

The recent Court of Appeal judgment in Howe v Fischer provides new clarification regarding the obligation to provide advice on the creation of an “informal will”. By…

By - 7 min read

Informal wills: the duty of a lawyer to consider, discuss and make an informal will for a client

Practitioners should be aware of the provisions of the Succession Act, which allow a testator(trix) to make an “informal will”. By GREG COUSTON and DANIEL ST…

By and - 3 min read

Supercharging battles over superannuation death benefits

When there is uncertainty as to how super death benefits should be paid, dispute resolution or litigation generally follows. By CAROLINE HARLEY.

By - 6 min read

Minors with money: court-authorised wills under the Succession Act

Wills made by minors are generally invalid, but the courts have started to use a new jurisdiction to authorise minors to make wills. By RICHARD…

By and - 4 min read