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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

Can you Contest a Will without Spending More than you Hope to Recover?

It has been said generally that increased costs have become an increasing problem in FPA actions. Mr. Greg Smith MLA told the NSW Parliament in 2008:   “Not only Justice Young has complained, but also [...]

By | October 30th, 2017|Categories: Estate Planning|Tags: , , , , |0 Comments

Crafting a Great Parenting Arrangement After Divorce

In Australia, the law encourages both parents and other people interested in the care and welfare of a child to agree on parenting arrangements, including where and with whom the child will live, how the [...]