There is a large number of examples of capricious and unreasonable distributions that have come before the courts over time. There are far too many to list within this blog. It would be reasonable to conclude that there are many cases that do not receive the benefit of a judicial publication. A small number [...]
A person is not prohibited frommaking a Will even if they are subject to an order under the Guardianship and Administration Act 1990 (WA).[1] The guardianship division of the State Administrative Tribunal (“SAT”) is involved in a large number of family disputes over whether or not it is in the best interest for a [...]
The testator’s family maintenance legislation (“TFM”) exists for the purposes of “making of provision for the maintenance of members of a family who are found in need of such maintenance when the family tie is broken by death.”[1] The current model of TFM in Western Australia is governed by the Family Provision Act 1972 (WA) [...]
It has been said generally that increased costs have become an increasing problem in FPA actions. Mr. Greg Smith MLA told the NSW Parliament in 2008: “Not only Justice Young has complained, but also the Chief Justice, Jim Spigelman, has complained. In an article in the Australian by Chris Meritt on 26 March 2007 [...]
Poorly Drafted Death Benefit Nominations Superannuation is a trust asset and not an estate asset. Provision for dependents and interdependents are governed by the Superannuation law. In the case of Munro v Munro [2015] QSC 61 the deceased executed a binding death benefit nomination (“BDBN”) in a self-managed superannuation fund (“SMSF”) in favour of the [...]
What is a binding financial agreement? The Family Law Act 1975 (Cth) (Family Law Act) provides for parties to a marriage or de facto relationship to enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship breakdown. […]
Many Australians are co-owners of interests in land but do not appreciate the nature or effect of the co-ownership and do not fully research family trust estate planning. As a result, they are not aware of the consequences their co-ownership has on their death. Below are examples of the effect joint tenancies can have in ousting the Testator’s family maintenance (“TFM”) legislation. […]
When a loved one dies, everyone goes through a period of incredible grief and sadness. The last thing you want to be concerned with is dealing with your loved one’s estate, especially if, low and behold, you find out that they never signed their Will. […]
The Guardianship and Administration Act 1990 , provides the legal framework for three tools that can enable adults to exercise an element of control over how decisions will be made on their behalf should they ever lose the capacity to make decisions for themselves. […]
What is a Will? A Will is a document which tells the world how you wish for your assets and liabilities to be distributed after your death. […]
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