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
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 Jen McMillan - 1 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 Christine Smyth and Katerina Peiros - 3 min read
Life tenants, remaindermen settled estates and insurance
Wills and settlements should clearly state insurance obligations. By WILLIAM V. WINDEYER.
By William V Windeyer - 7 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 Abbey Burke - 2 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 Darryl Browne - 2 min read
Executors: when duty and personal interests conflict
An examination of the key authorities demonstrates that the Court places great weight on a testator’s appointment of an executor and trustee and will not…
By Peter Baltins - 2 min read
Blended families: recent trends in family provision claims
The contest between the deceased’s obligations to a second wife or husband and obligations towards adult children by the first wife or husband is familiar…
By Darryl Browne - 1 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