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
The many guises of informal wills
Recent decisions show that an informal will may be found in almost any format and made in almost any manner. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Estate planning traps: binding death benefit nominations and enduring powers of attorney
The authority of an enduring attorney is expressed differently in each jurisdiction. But a Queensland decision may have relevance in New South Wales. By JEN…
By Jen McMillan - 2 min read
‘Insane delusion’ and testamentary capacity: Carr v Homersham
The judgement in Carr v Homersham delivers a valuable analysis of the scope of ‘mental incapacity and‘insane delusion’ in the context of estates law. By…
By Talitha Fishburn - 1 min read
Practical tips for executors where there has been an active enduring power of attorney
If the deceased’s affairs were being managed under an enduring power of attorney before death, testate administration can be significantly more complicated. By JEN MCMILLAN.
By Jen McMillan - 1 min read
Costly mistakes in using deceased estates exemptions from duty
Care needs to be taken when beneficiaries to an estate propose to enter into a deed of family arrangement to prevent duty being triggered unintentionally….
By Dung Lam and Julie Humphreys - 2 min read
Transactions involving enduring powers of attorney
Solicitors play an important role in safeguarding against elder abuse. By JEN MCMILLAN.
By Jen McMillan - 2 min read
Elder abuse: time for a national legal response
The issue of elder abuse in the context of pressure to make or change wills was one of the many topics considered by the ALRC…
By Rosalind Croucher AM - 2 min read
Challenges to the validity of wills: reminders from recent decisions
There are an increasing number of challenges to the validity of wills alleging lack of testamentary capacity or insufficient knowledge and approval. By DARRYL BROWNE.
By Darryl Browne - 1 min read
Making enduring powers of attorney: practical tips
Ensure clients understand the real life impact and full scope of enduring powers of attorney. By JEN MCMILLAN.
By Jen McMillan - 1 min read
An international will or a will in each jurisdiction?
The international wills regime is intended to harmonise and simplify the proof of formalities of wills executed in signatory countries. By CHRISTINE SMYTH and KATERINA…
By Christine Smyth and Katerina Peiros - 3 min read