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
Do I suggest an informal will? The Howe v Fischer appeal
Claims against solicitors by disappointed beneficiaries on the basis of delay in will preparation are on the increase. By RAY WARD and PETER MORAN.
By Ray Ward and Peter Moran - 1 min read
Family provision before death: Parens Patriae in the modern age
The recent case of W v H [2014] NSWSC 1696 sets out the key principles to be applied and the material considerations to take account of when…
By Gregory Sirtes SC and Nicholas Bilinsky - 1 min read
What to do with the family farm? Family provisions claims by grandchildren
The Court of Appeal has stated the principles applying to family provision claims by grandchildren. Plaintiffs who are not the spouse or child of the…
By Christopher Lawrence - 2 min read
Do I suggest an informal will? The Howe v Fischer appeal
The recent Court of Appeal judgment in Howe v Fischer provides new clarification regarding the obligation to provide advice on the creation of an “informal will”. By…
By Peter Moran - 2 min read
Informal wills: the duty of a lawyer to consider, discuss and make an informal will for a client
Practitioners should be aware of the provisions of the Succession Act, which allow a testator(trix) to make an “informal will”. By GREG COUSTON and DANIEL ST…
By Greg Couston and Daniel St. George - 2 min read
Supercharging battles over superannuation death benefits
When there is uncertainty as to how super death benefits should be paid, dispute resolution or litigation generally follows. By CAROLINE HARLEY.
By Caroline Harley - 2 min read
Minors with money: court-authorised wills under the Succession Act
Wills made by minors are generally invalid, but the courts have started to use a new jurisdiction to authorise minors to make wills. By RICHARD…
By Richard Williams and Sam McCullough - 1 min read