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Don’t let your relationship breakdown undo your estate planning
Jack Conway
If you are going through a relationship breakdown, you probably have three things in mind: protecting your kids, protecting your assets, and moving on with your life. Updating your will and estate plan is an important step in this process that ticks all three of…
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Beneficiary unsuccessful in seeking to institute litigation on behalf of the Estate regarding transactions during the Deceased’s lifetime
Rachael Hocking
Shannon v Shannon [2019] VSC 605 Judgment: 6 September 2019 Judge: Her Honour Justice McMillan This application was made by one of the beneficiaries of her late Grandmother’s Estate. The Grandmother’s Will appointed her daughter, the Applicant’s mother, as the Executor but the Executor had…
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How do I see a person’s will?
Jack Conway
A Will is a very personal, very private document. In most cases, the decision of a Will-maker to reveal, or not reveal, the details of their will to family members or friends is entirely their own. Many people are surprised to learn that once they…
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8 reasons to see a lawyer to make a valid Will
Linda Hart
We frequently come across homemade Wills or Will kits which people have used to make their final wishes known to their loved ones. As the Will maker has not received legal advice we often find errors in the Wills. As a result, it can make…
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Successful declaration of paternity effects distribution on intestacy
Wills & Estates
State Trustees Limited v Valentin Jaklar & Ors: IMO the estate of Franc Jeklar, deceased [2019] VSC 267 Judgment: 5 May 2019Judge: Daly AsJ The Deceased, a 90-year-old man who had never married and had no children, died leaving an Estate worth approximately $2million without…
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SMSF death benefit payment reversed by Court
Wills & Estates
A self-managed superannuation fund trustee has had her decision to distribute a death benefit to herself reversed by the Supreme Court of Victoria, in the recent case of Re Marsella; Marsella v Wareham (No 2).[1] The Court found that the trustee of the fund, who was…
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Court finds unsent text message to be a Will
Wills & Estates
Re Nichol; Nichol v Nichol & Anor [2017] QSC 220 In a judgment delivered on 9 October 2017, the Supreme Court of Queensland has held that an unsent text message be admitted to probate as the deceased’s final Will. The mobile phone of the deceased…
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Changes to Intestacy, Ademption and Executors’ Commission in Victoria
Wills & Estates
The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 will come into force on 1 November 2017 which amends the Administration and Probate Act 1958(Vic) dealing primarily with intestacy, ademption and executors’ commission. Some of the major amendments are discussed below. Intestacy An intestacy arises…
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Legislation introduced to ease problems with deceased estates
Wills & Estates
Administration and Probate and Other Act Amendment (Succession and Related Matters) Bill 2016 Legislation was introduced into Victorian Parliament yesterday which will address problems that can arise in dealing with a deceased person’s estate and which also introduce updated formulas for distributing assets when a…
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Wills laws and same sex marriage
Wills & Estates
The laws relating to Wills treat same sex couples the same as unmarried heterosexual couples, who are called ‘domestic partners’ in the legislation. In working out a partner’s entitlement, there is no difference to a partner’s entitlement under a Will, or under intestacy (where there is no…
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