To act or not to act? That is the question
Recent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.
By Annie Knoke and Yvette Morris - 2 min read
Estate and family law planning for the ‘great wealth transfer’
Lawyers are seeing an unprecedented demand from clients for wealth protection plans to ensure their legacy is carried out upon death.
By Niki Schomberg and Chelsea Baker - 1 min read
Exploring the legal implications of electronic wills
Is an electronic will created on an iPad and executed using an iPad pen valid?
By Mary-Ann de Mestre - 2 min read
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.
By Ines Kallweit and Rachael Hocking - 2 min read
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…
By Mary-Ann de Mestre - 1 min read
Awakening the sleeping giant: FIRB obligations and testamentary gifts to foreign beneficiaries
Changes to the Foreign Investment Review regime have important implications for testamentary gifts to foreign persons and the administration of deceased estates.
By Jennifer Vuu - 2 min read
Unscrambling the Oomidoodle’s egg
High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.
By Darryl Browne - 3 min read
Ready, steady, NO: tips and traps for beneficiaries wanting to reject an inheritance
A person cannot be compelled to accept a gift of property against their will. A rejection of an inheritance is commonly called a ‘disclaimer’.
By Jennifer Vuu - 9 min read
A tale of two Stanfords: blended families and family provision claims
Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 2 min read
A race against time: urgent preservation of estate assets and special grants of administration
What to do when time is not on your side and a delay in administering the estate might jeopardise its value.
By Jennifer Vuu - 2 min read
Dangers for solicitors acting on intra-family transactions
As awareness grows of the prevalence of elder abuse in the community, solicitors need to be alert to the potential issues with intra-family transactions.
By Jen McMillan - 2 min read