Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
Trouble at the bank of mum and dad
Gift 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 read
Estate and family law planning for the ‘great wealth transfer’
Lawyers 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 read
Will preparation and joint tenancies
Courts 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 read
Exploring the legal implications of electronic wills
Is an electronic will created on an iPad and executed using an iPad pen valid?
By Mary-Ann de Mestre - 2 min read
Remotely valid? Validity of electronically signed wills following Re Curtis
The 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 read
Will construction and solicitors’ responsibilities
A 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 read
Awakening the sleeping giant: FIRB obligations and testamentary gifts to foreign beneficiaries
Changes 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
Unscrambling the Oomidoodle’s egg
High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.
By Darryl Browne - 3 min read
Ready, steady, NO: tips and traps for beneficiaries wanting to reject an inheritance
A person cannot be compelled to accept a gift of property against their will. A rejection of an inheritance is commonly called a ‘disclaimer’.
By Jennifer Vuu - 9 min read
A tale of two Stanfords: blended families and family provision claims
Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 2 min read