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 to [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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