What is an Enduring Power of Attorney (EPA)? An EPA is a legal document which empowers a person to delegate the ability for someone to make financial or property decisions on their behalf, should they lose legal capacity. A person who makes an EPA is referred to as a donor whilst a person who is delegated such powers is referred to as a donee. […]
In the recent NSW Court of Appeal decision Chapple v Wilcox [2014] NSWCA 392, the deceased gifted his farming property under Will to his only child, a daughter. The daughter’s adult son (the grandchild of the deceased) made a claim for family provision order under the Equity Division of the Succession Act 2006 (NSW), in respect to his grandfather’s estate. This section empowers the court to make orders for the proper maintenance, education or advancement in life in favour of eligible persons for whom adequate provision has not been made under a deceased’s will. […]
There are many reasons not to make your own Will or indeed alter an existing Will without the benefit of legal advice. As demonstrated in Boettcher v. Driscoll [2014] SASC 86, even small changes made to a Will can have an undesired effect, resulting in your final wishes not being carried out as you had planned. […]
The recent case of Chen v Lu [2014] NSWSC1053 serves to highlight the jurisdiction of the court in respect to making family provision orders in relation to property held outside the State. […]
On 19 August 2014 the Justice Legislation Amendment (Succession and Surrogacy) Bill 2014, was introduced into Victorian Parliament proposing to significantly change the laws relating to the challenge of an estate in Victoria. […]
Albeit slower than other sectors of the community, it would appear that the Courts are beginning to embrace recent technology. A case in point is Mellino v Wnuk & Ors, sadly in this instance immediately prior to his suicide Mr Wnuk produced a DVD as his last will and testament. […]
The case of Parianos v Melluish highlights issues of asset ownership, in particular the family home, between a husband and wife. […]
If a person lacks the capacity to make a new Will or amend an existing Will, friends or relatives of the deceased can make an application to the court to authorise the making of a Will in certain circumstances. These Wills are commonly referred to as statutory wills. […]
Having a Will is one thing but having a Will that is up-to-date, is a different matter entirely…. As most people are aware good estate planning ensures that your assets go to the people you would like to provide for after your passing. Despite the obvious importance of having a valid will in place, there appears to be an overall feeling of reluctance amongst the general population to make a Will, and even further reluctance to update and review said Will. […]
A recent case highlights the importance of having a lawyer draft your Will, particularly in circumstances where interests in real estate are involved. Whilst you may consider that ownership of a particular asset rests with you, it may not be so cut and dried in reality, with many assets held in trusts, companies or […]
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