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

Challenges to the validity of wills: reminders from recent decisions

There are an increasing number of challenges to the validity of wills alleging lack of testamentary capacity or insufficient knowledge and approval. By DARRYL BROWNE.

By - 8 min read

Making enduring powers of attorney: practical tips

Ensure clients understand the real life impact and full scope of enduring powers of attorney. By JEN MCMILLAN.

By - 5 min read

An international will or a will in each jurisdiction?

The international wills regime is intended to harmonise and simplify the proof of formalities of wills executed in signatory countries. By CHRISTINE SMYTH and KATERINA…

By and - 6 min read

Life tenants, remaindermen settled estates and insurance

Wills and settlements should clearly state insurance obligations. By WILLIAM V. WINDEYER.

By - 6 min read

Duty of care to prospective beneficiary under a will? Badenach v Calvert

A solicitor approached to draft a will does not always owe a duty of care to a prospective beneficiary. By ABBEY BURKE.

By - 5 min read

Life estates and personal rights of residence

When construing a will, attention should be given to the whole of the will to ascertain the testator’s intention. By DARRYL BROWNE.

By - 5 min read