Essential validity of wills: the free and capable testator
Recent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
Recent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
When it comes to wills, cutting the ‘black sheep’ of the family from a will may prompt them to make a claim against the estate….
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
Key rulings highlight elder abuse risks, statutory will complexities, appropriation powers and judicial willingness to impose personal costs or contempt findings.
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.
Doctrine of hotchpot, probate guidance, adult child family provision, family tree diagrams, interpretation of ‘vesting’ and international disclaimers.
Trust structures can derail estate plans. This scenario shows why lawyers must check deeds, vesting dates and foreign person clauses before drafting a will.
Decisions on informal wills, EPoA compliance and forum disputes—offering guidance on intention, donor protection and international estates.
Smartphones hold more than texts and notes—they may contain your client’s final and enforceable testamentary wishes.