What does it mean to ‘survive’?
Practitioners will be familiar with the words ‘survive me’ in wills, but the word ‘survive’ has two different meanings.Snapshot When dealing with a gift in…
Superannuation disability claims: when can a fund’s decision be contested?
The ‘how to’ of contesting a super fund’s rejection of a disability claim.Snapshot This article discusses some of the obligations of insurers and trustees of…
Understanding the relationship between deceased estates and super benefits in drafting a will
Superannuation death benefits and tips for more effective will drafting.Snapshot When preparing a will for a client, it is important to consider the interaction of…
Suspicious circumstances and estate litigation
Part 3 of our series dealing with practical issues that commonly arise in estate litigation – an examination of the suspicious circumstances rule.Snapshot The suspicious…
Practical tips for dealing with knowledge and approval of a will
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…
Practical tips for dealing with testamentary capacity
Testamentary capacity is an issue that commonly arises in estate litigation. DAVID PRICE shares some pointers on dealing with this issue.Snapshot Testamentary capacity is a…
Wills and estates: June 2019
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.Key decisions In the Estate of Thornton…
Avoiding elder financial abuse: safeguards solicitors should have in place
The Law Reform Commission’s report, Elder Abuse – A National Response, recommends safeguards to minimise risk of abuse in cases of ‘enduring appointments’. By DARRYL…
Wills and estates: December 2017
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.Key decisions Reilly v Reilly [2017] NSWSC…
Transactions involving enduring powers of attorney
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.Snapshot Solicitors play an important role in safeguarding against elder abuse. It is…
Wills and estates: October 2017
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.Key decisions The Estate of Drummond; Drummond…