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The Effect of Joint Tenancies on Family Provision Claims

Many Australians are co-owners of interests in land but do not appreciate the nature or effect of the co-ownership and do not fully research family trust estate planning. As a result, they are not aware of the consequences their co-ownership has on their death. Below are examples of the effect joint tenancies can have in ousting the Testator’s family maintenance (“TFM”) legislation. […]

By | July 28th, 2017|Estate Planning, Family Law|0 Comments

What if they don’t sign the Will?

When a loved one dies, everyone goes through a period of incredible grief and sadness. The last thing you want to be concerned with is dealing with your loved one’s estate, especially if, lo and behold, you find out that they never signed their Will. […]

By | November 16th, 2015|Estate Planning|0 Comments

Are you Worried about the Financial and Property Affairs of a Vulnerable Adult?

The Guardianship and Administration Act 1990 , provides the legal framework for three tools that can enable adults to exercise an element of control over how decisions will be made on their behalf should they ever lose the capacity to make decisions for themselves. […]

By | September 10th, 2015|Estate Planning|0 Comments

Wills Wills Wills – Back to Basics

What is a Will? A Will is a document which tells the world how you wish for your assets and liabilities to be distributed after your death. […]

By | July 29th, 2015|Estate Planning|0 Comments

Enduring Powers of Attorney in Western Australia

What is an Enduring Power of Attorney (EPA)? An EPA is a legal document which empowers a person to delegate the ability for someone to make financial or property decisions on their behalf, should they lose legal capacity. A person who makes an EPA is referred to as a donor whilst a person who is delegated such powers is referred to as a donee. […]

By | March 9th, 2015|Estate Planning|0 Comments

Estate assets gifted to grandchildren rather than children

In the recent NSW Court of Appeal decision Chapple v Wilcox [2014] NSWCA 392, the deceased gifted his farming property under Will to his only child, a daughter. The daughter’s adult son (the grandchild of the deceased) made a claim for family provision order under the Equity Division of the Succession Act 2006 (NSW), in respect to his grandfather’s estate. This section empowers the court to make orders for the proper maintenance, education or advancement in life in favour of eligible persons for whom adequate provision has not been made under a deceased’s will. […]

By | November 25th, 2014|Estate Planning, Topical Issues|0 Comments

The Pitfalls of Altering your Will without Legal Advice

There are many reasons not to make your own Will or indeed alter an existing Will without the benefit of legal advice. As demonstrated in Boettcher v. Driscoll [2014] SASC 86, even small changes made to a Will can have an undesired effect, resulting in your final wishes not being carried out as you had planned. […]

By | September 3rd, 2014|Estate Planning|0 Comments

Family Provision Orders on Interstate or Overseas Property

The recent case of Chen v Lu [2014] NSWSC1053 serves to highlight the jurisdiction of the court in respect to making family provision orders in relation to property held outside the State. […]

By | September 2nd, 2014|Estate Planning, Topical Issues|0 Comments

Changes to the Estate Challenge Laws in Victoria

On 19 August 2014 the Justice Legislation Amendment (Succession and Surrogacy) Bill 2014, was introduced into Victorian Parliament proposing to significantly change the laws relating to the challenge of an estate in Victoria. […]

By | August 29th, 2014|Estate Planning|0 Comments

Digital Technology and Wills

Albeit slower than other sectors of the community, it would appear that the Courts are beginning to embrace recent technology. A case in point is Mellino v Wnuk & Ors, sadly in this instance immediately prior to his suicide Mr Wnuk produced a DVD as his last will and testament. […]

By | August 18th, 2014|Estate Planning, Topical Issues|0 Comments