Practice Areas: Wills
Using the Succession Act 2006 (NSW) as our example, the court may dispense with the formal requirements for the execution, alteration or revocation...
Practice Areas: Wills, Estate Planning, Administration of Estates
When analysing the concept of moral duty in regards to family provision, the initial test which first addressed the concept was set by the Privy Council...
Practice Areas: Wills, Administration of Estates
The position in Australia is that for the most part, a beneficiary must be a person in order for the courts to decree performance. Furthermore, in order...
Practice Areas: Wills, Powers of Attorney, Enduring Power of Attorney
In order for a power of attorney to be valid, there must be a few general requirements that need to be met for the document to be validly executed:the...
Practice Areas: Wills
When a will is open to the grant of probate, a person wanting to contest the will may question the validity of the will on some of the following grounds:...
Practice Areas: Equity & Trusts
Provided that the Div 50 of the Income Tax Assessment Act 1997 (Cth) conditions are met, charitable trusts will be exempt from income tax. In...
Practice Areas: Wills
The term ‘living will’ is somewhat misleading in that it is not a document related to how a person’s assets are to be dispersed upon...
Practice Areas: Equity & Trusts
For the most part, undue influence may be more applicable to the impaired judgment of the weaker party as opposed to the conduct of the stronger party....
Practice Areas: Superannuation & Elder Law, Estate Planning, Administration of Estates
There may be an
obligation for the superannuation death benefit to be paid into an estate via a
trust deed, or a binding death benefit nomination. Furthermore,...
Practice Areas: Wills, Estate Planning
If the deceased had no spouse, the order in which the estate may be distributed can be as follows: children, parents, brothers or sisters, grandparents,...
