Essential validity of wills: knowledge and approval, undue influence and fraud
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
Will preparation and joint tenancies
Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.
Exploring the legal implications of electronic wills
Is an electronic will created on an iPad and executed using an iPad pen valid?
Elder law & succession: November 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Elder law & succession: July 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Elder law & succession: June 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
A long way to go: legal support for people with dementia
Dementia is becoming increasingly prevalent, for younger as well as older people. The legal industry has a long way to go in understanding how to…
Elder law & succession: April 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Elder law & succession: March 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Remotely valid? Validity of electronically signed wills following Re Curtis
The Supreme Court of Victoria recently considered whether a will executed electronically was valid and compliant with the remote execution provisions introduced during COVID-19.
Will construction and solicitors’ responsibilities
A recent NSWSC decision is a reminder of the importance of making detailed file notes of the testator’s instructions, retaining drafts of wills and reading…