Essential validity of wills: knowledge and approval, undue influence and fraud
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min read
Costly mistakes in using deceased estates exemptions from duty
Care needs to be taken when beneficiaries to an estate propose to enter into a deed of family arrangement to prevent duty being triggered unintentionally….
By Dung Lam and Julie Humphreys - 2 min read
Transactions involving enduring powers of attorney
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.
By Jen McMillan - 2 min read
Elder abuse: time for a national legal response
The issue of elder abuse in the context of pressure to make or change wills was one of the many topics considered by the ALRC…
By Rosalind Croucher AM - 2 min read
Challenges to the validity of wills: reminders from recent decisions
There are an increasing number of challenges to the validity of wills alleging lack of testamentary capacity or insufficient knowledge and approval. By DARRYL BROWNE.
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