……the restrictions under the Public Health Order posed significant obstacles to the signing, witnessing and attestation of documents such as Wills, Powers of Attorney, Appointments of Enduring Guardians, Affidavits and Statutory Declarations, all of which are fundamental to our legal
There has been a high level of concern in the Legal Profession about the ability of lawyers to assist clients with their estate planning and appointment of alternate decision makers, in the context of the current social distancing restrictions. Currently, …
The Court’s Power to Make a Statutory Will
Under the Succession Act 2006 (NSW), the Court has the power to authorise a will to be made, altered or revoked for a person without testamentary capacity. The creation of such is …
An ‘eligible person’ (as defined in the Succession Act 2006 (NSW)) (‘the Act’) has the right to bring a claim for a family provision order where he or she has been left out of a will or where inadequate provision …
The NSW Court of Appeal recently handed down its decision in the appeal matter of Squire v Squire [2019] NSWCA 90. This case involved a family provision claim against the estate by the children of the deceased.
Richard Squire had …
The issue of eligible recipients of an adult child’s superannuation death benefit was considered by the Federal Court of Australia (FCA) on 4 December 2018, in Williams v IS Industry Fund Pty Ltd [2018] FCAFC 219 (“Williams”) which concerned an …
A recent survey by a prominent Australian Law firm revealed that whilst almost all Australians acknowledge the importance of making a Will (97%), only a little more than half actually have one (52%).
Most younger respondents felt that a Will …
So what is a Binding Death Benefit nomination (BDBN) and why should we care?
Essentially, a BDBN, or binding death benefit nomination, is a written direction to your superannuation fund that instructs the fund as to whom to pay your …
TESTAMENTARY CAPACITY
RYAN v DALTON [2017] NSWSC 1007
Kunc J – 31 July 2017
The Proceedings
This was a contested probate suit between the deceased’s 3 children and his long time defacto spouse. The children succeeded in knocking out the …
Some people think that the process of having a lawyer draft their will is an expensive and unnecessary exercise and instead write an informal will, not knowing the potential implications for their beneficiaries.
At the Law Office of Conrad Curry …