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Judge Bowler

By | May 9th, 2018|Categories: Uncategorized|0 Comments

Capricious Conditions That Will Potentially be Struck Out by the Court

  There is a large number of examples of capricious and unreasonable distributions that have come before the courts over time. There are far too many to list within this blog. It would be reasonable [...]

By | March 29th, 2018|Categories: Estate Planning|0 Comments

The Layman as an Estate Planner: The Curse of the Home-Made Will

It is the author’s experience that most clients do not understand the nature of their own asset structures. Commonly, they do not understand the separation of legal and beneficial ownership, trust relationships, superannuation and the [...]

By | February 28th, 2018|Categories: Uncategorized|0 Comments

The Changing Family Landscape and Modern Family Provision Law

Over time, developments to the testator’s family maintenance (“TFM”) legislation expanded the categories or classes of eligible claimants.[1] In 1936, both New Zealand and Tasmania considered changes to the law to permit claims by ex-nuptial [...]

By | January 29th, 2018|Categories: Family Law|0 Comments

Will Drafting Problems for Elderly Clients: Wills and Guardianship Orders

  A person is not prohibited frommaking a Will even if they are subject to an order under the Guardianship and Administration Act 1990 (WA).[1] The guardianship division of the State Administrative Tribunal (“SAT”) is [...]

By | December 29th, 2017|Categories: Estate Planning|0 Comments

The Need for Notional Estate Provisions

The testator’s family maintenance legislation (“TFM”) exists for the purposes of “making of provision for the maintenance of members of a family who are found in need of such maintenance when the family tie is [...]

By | November 29th, 2017|Categories: Estate Planning|0 Comments