Dealing with assets in Australia is complex. There is no set statutory limit for probate; rather, it is up to the company, bank, titles offices or other institutions as to their individual requirements. This is further complicated by the fact that each institution may have different requirements for different states. The following is a basic [...]
Read more
Following Registrar Earles’ recent session on will-making at the NZLS CLE Ltd Legal Executives Conference in August, the following case here in New South Wales may be of interest. In The Estate of Drummond; Drummond v Drummond [2017] NSWSC 856, a document purporting to be a codicil or informal testamentary document was ruled not to [...]
WOW what an amazing few days in Wellington recently. WOW it was cold and wet. WOW over 300 Legal Executives in the one place. WOW some serious in-depth learning and WOW, WOW, WOW how good to be a small part of it. Since sponsoring ENVOY privately since 1999 (previously for a few years as part [...]
A recent case in Australia has dealt with Succession and entitlements where the abused spouse killed her husband and then committed suicide. With family violence on the rise the issues are more relevant than ever. In Kumar [2017] VSC 81, the Victorian Supreme Court was tasked with ascertaining two matters. They firstly had to ascertain [...]
Facebook has recently has changed its policy on the process for its account holders when they die. This prompted me to investigate with a few of the popular platforms, as to what happens to your account when you die, and who can access it or delete it. Without your personal account information, including log in [...]
I normally update readers every few years on the latest administration requirements in Australia as I regularly notice a number of cases where Probate or a Reseal was obtained when not required. Dealing with assets in Australia is complex, there is no set statutory limit for Probate, rather it is up to the company, bank, [...]
Interesting to read in the September edition of ENVOY, the details about the campaign in New Zealand to raise public awareness of preparing Powers of Attorney. Recently a few cases have come across my desk where either an Enduring Power of Attorney (EPA) or a Property Manager Order (Order) has not been recognised in Australia. [...]
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, [...]
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. [...]
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 [...]
