New legislative changes for Attorneys and Administrators

While no person expects, nor wishes, to experience a lack of capacity, the very real fact of life is that they may.  Incapacity can be long term or short term and can impact everyone quite differently. The question of someone's capacity to understand the nature and the effect of something is fraught with difficulty mainly … Continue reading New legislative changes for Attorneys and Administrators

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Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Recently, the case of Saltmer v Rennick Lawyers Pty Ltd [2018] QSC 307 was heard in the Supreme Court of Queensland in Townsville where the Court was called upon to question of costs in a situation where a deceased person's family member requested a copy of a document held by a Solicitor that the family … Continue reading Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

For a while now, it's been a hazy question asked by succession lawyers alike about whether an attorney can make or renew a binding death benefit nomination for their principal's superannuation policy proceeds. On 24 August 2018, Justice Bowskill of the Supreme Court of Queensland delivered a decision on this very topic. The case of … Continue reading Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

It appears to be raining estate and trust law cases from the High Court of Australia over the last two weeks. Yesterday, the High Court of Australia ordered a new trial be held in relation to solemn form probate proceedings in Nobarani v Mariconte [2018] HCA 36 on the basis that the appellant as denied … Continue reading Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

Sorry, Frank, it’s over: High Court clarifies position on streaming franking credits to trust beneficiaries

As I begin this post, I acknowledge wholeheartedly that this topic might surprise my collection of followers.  While, yes, it is indeed a case review, it is focused on a different arm of succession law practice: trusts generally and *cough*taxation of trusts*cough*. As I witness the evolution of estate law before my eyes, I can't … Continue reading Sorry, Frank, it’s over: High Court clarifies position on streaming franking credits to trust beneficiaries

What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)

Last week, the Supreme Court of New South Wales published a judgement in a estate matter where the question of whether a Will was "made in contemplation of marriage" was a central focus of their attention. In the case of Re Estate Grant, deceased [2018] NSWSC 1031, the deceased made a Will dated on about … Continue reading What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)

Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

  Sadly, it's not often I read of a case where the applicant/plaintiff's endeavours lack self-interest. Given the nature of estate litigation, generally in a good portion of the cases, self-interest takes a front seat.  Of course, that doesn't mean to say that it is greed or something sinister that drives a person to take … Continue reading Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)