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 read
Superannuation nominations for persons lacking capacity
NSWSC considers whether an enduring attorney can make a binding death benefit nomination for a principal.
By Jen McMillan and Darryl Browne - 3 min read
Understanding the relationship between deceased estates and super benefits in drafting a will
Superannuation death benefits and tips for more effective will drafting.
By Noel Davis - 3 min read
Reassessing testamentary capacity: time for lawyers and doctors to work together
The case for a new coordinated national approach to assessing testamentary capacity.
By John Clarke - 1 min read
Who bears the costs in estate litigation?
A look at recent and common types of costs orders in wills and estates matters.
By Darryl Browne - 3 min read
Digital records and estate planning
Practical tips for dealing with digital records in estate planning and administration.
By Darryl Browne and Natalie Darcy - 2 min read
Suspicious circumstances and estate litigation
Part 3 of our series dealing with practical issues that commonly arise in estate litigation – an examination of the suspicious circumstances rule.
By David Price - 1 min read
Informal wills: an informal response to these things
A learned but informal opinion on informal wills and s 8 of the Succession Act
By William V Windeyer - 2 min read
Practical tips for dealing with knowledge and approval of a will
A fundamental requirement for a valid will is that the testator knew and approved its contents. This is part of establishing the testator had the…
By David Price - 7 min read
Practical tips for dealing with testamentary capacity
Testamentary capacity is an issue that commonly arises in estate litigation. DAVID PRICE shares some pointers on dealing with this issue.
By David Price - 2 min read
Tread carefully in charging for non-professional work in the administration of estates
The fees solicitors charge in estate administration are increasingly coming before courts, writes LOUISE BROWN.
By Louise Brown - 2 min read