Silent partners, loud tax
A farm sale exposes costly CGT and GST traps when legal ownership, partnership accounts and the purchaser’s intended use are overlooked.
By Jim Main - 1 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
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