Computer Will upheld

In the Estate of Robin Michael (Deceased) [2016] SASC 164, the Supreme Court of South Australia held that a computer document was to be admitted to probate as the last will and testatment of the deceased. The Court itemised the following main issues to be determined were: Was the will on the deceased’s hard drive of…

“An amount equivalent to” a Retirement Village Exit Entitlement in a Will

With an ageing population and more testators residing in retirement villages with either freehold or leasehold interests at play, I found this case particularly interesting. The case of Suthers v Suthers [2015] QSC 285 involved a gift to the daughter of the testator of an amount of money equivalent to an amount received by the estate from the sale of the testator’s…

Court Made Will to protect assets from passing to children until 25 years

Court-made will to protect assets from passing to children until 25 years. Being a fairly new and novel area of the succession practice space, I’m always curious and therefore read the cases that hit my news feed on court-made wills and the reason behind them. The legislation sets out a clear formula for determining whether…

Will for a minor child

Although the law is there to be used for this purpose, it’s not a very common occurrence that a Will be made for a minor child.  However, this case came up on recently and I found it a great read. In summary:  A 16 year old girl wants to make a Will Her father is…