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: 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: Estate Planning, Administration of Estates
The main ways in which a trustee can be appointed are through the express terms of a trust instrument, statute or by court appointment. Trust instrument:...
Practice Areas: Wills, Succession Planning, Administration of Estates
On an initial reading, trusts that interfere with the sanctity of a marriage by encouraging the dissolution of a marriage are void. In Church Property...
Practice Areas: Wills, Administration of Estates
There may be occasions where a beneficiary to an estate wishes to acquire the property immediately due to financial hardship, or the person has no income...
Practice Areas: Equity & Trusts, Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates, Inheritance Disputes
Depending on the jurisdiction, a number of factors will be considered in determining whether adequate provisions have been made from the estate. However...
Practice Areas: Equity & Trusts, Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates
Most people who create a trust probably for the most part wouldn’t consider the wider public policy implications. However, trusts that are contrary...
Practice Areas: Equity & Trusts, Superannuation & Elder Law, Wills, Probate (Letters of Administration) , Estate Planning, Succession Planning, Administration of Estates
No Australian jurisdiction compels a person to fulfil a ‘moral duty’ in making provisions to family members. However, the courts have traditionally...
Practice Areas: Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates
The doctrine of testamentary capacity is meant to protect individuals who may be vulnerable to undue influence and are liable to draft a will in a manner...
