A recent Court of Appeal case in New South Wales has highlighted potential responsibilities for practitioners when taking Will instructions. By way of background Section 8 of the Succession Act 2006 (NSW), outlines “When may the Court dispense with the requirements for execution, alteration or revocation of wills?” (1) This section applies to a document, [...]

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Under our compulsory superannuation system, most Australian workers have a Superannuation Account via their employer and also, as a result, have some form of life and disability insurance. In some cases that cover lapses when you change jobs. Sometimes they lapse unless you specify that payments are made for the premiums form your accumulated balance. [...]

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The New South Wales government has recently launched a new campaign aimed at increasing the communities understanding of wills, powers of attorney and appointment of enduring guardians. The campaign is monogrammed as: Get it in Black & White Planning Ahead Tools for future legal, health and financial decisions According to the Attorney General, “Only five [...]

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Early last year I write on disproportionality in family provision estate litigation. In October this year the Victorian Law Reform Commission tabled its final report to parliament with recommendations on various succession law amendments. Two of these revolved around tightening up who can claim under family provision laws against estates and who has to pay [...]

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Notional estate is a concept only applicable at present in New South Wales (NSW) and involves the ability to add back to the actual estate assets or values previously gifted or distributed by the deceased or even other assets that are not normally considered Estate assets, ie, Superannuation Funds. It is used in calculation of [...]

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In 2012, we were contacted to assist with the estate of a deceased South African resident. The contact was made as the deceased had accounts with one of Australia’s major banks. The Deceased Estate Team at the bank had advised that they would need an Australian Grant and that if they required assistance they should [...]

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Recently I had the great fortune of spending three weeks in the UK. Ostensibly this was a combined work / cricket club tour. The later was more sitting than cricket as 6 of our 9 games were washed out completely!! From the work front I spent most of my time visiting firms in the centre [...]

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Charles Dickens’s Bleak House was a story about a disputed Will and the cost ravages of lawyers. The Australian Institute of Judicial Administration has recently issued a publication “Bleak House Revisited? Disproportionality in Family Provision Estate Litigation in NSW and Victoria”. The publication has arisen due to the alarming number of legal cases recently where [...]

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