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
Solicitor’s liability to estate beneficiaries
Ensure your client has capacity; consider an informal will in appropriate cases. By PETER MORAN and TOBY BLYTH.
By Peter Moran and Toby Blyth - 2 min read
Benjamin orders and the proof or presumption of death
The question of how to deal with missing beneficiaries continues to arise in wills and estates cases. By DARRYL BROWNE.
By Darryl Browne - 3 min read
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 Jim Main - 2 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 Donal Griffin - 1 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 Charlotte Schaefer - 1 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 Ray Ward and Peter Moran - 1 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 Gregory Sirtes SC and Nicholas Bilinsky - 1 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 Christopher Lawrence - 2 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 Peter Moran - 2 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 Greg Couston and Daniel St. George - 2 min read