The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
Key rulings highlight elder abuse risks, statutory will complexities, appropriation powers and judicial willingness to impose personal costs or contempt findings.
By Darryl Browne - 2 min read
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.
By Professor Prue Vines - 2 min read
The ‘how to’ of contesting a super fund’s rejection of a disability claim.
By Noel Davis - 2 min read
The ins and outs of super death benefit claims where there is no binding nomination.
By Darryl Browne and Michelle Dixon - 2 min read
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
Superannuation death benefits and tips for more effective will drafting.
By Noel Davis - 3 min read
The case for a new coordinated national approach to assessing testamentary capacity.
By John Clarke - 1 min read
A look at recent and common types of costs orders in wills and estates matters.
By Darryl Browne - 3 min read
Practical tips for dealing with digital records in estate planning and administration.
By Darryl Browne and Natalie Darcy - 2 min read
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
A learned but informal opinion on informal wills and s 8 of the Succession Act
By William V Windeyer - 2 min read
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