In this area you will find thought-provoking and interesting articles on a variety of issues and important changes in the legal world in relation to Succession Planning, Estate Administration, Estate Litigation and Commercial Law. You can use the search function if you have a particular topic you wish to find out about. In addition there are fact sheets for you to download and print on a variety of topics which you may find useful.
In my practice, it is not uncommon to come across clients who do not know how their most important assets are dealt with upon their death. The most common example of this is the family home. Joint Tenants vs Tenants in Common A husband and wife generally own the family home in both of their... Read more »
Did you know that superannuation (and any death benefits or life insurance proceeds taken out within super policies) are not assets automatically covered by the provisions of your Will? Under the superannuation regime many trustees of super funds (including self-managed super funds) have the power to decide under the terms of the Trust Deed how... Read more »
We have recently been involved in the tragic matter of In the Estate of Graham William Dawson (Deceased) and Teresa Veronica Dawson (Deceased)  SASC 89 where a husband and wife were involved in a motor vehicle accident in which they both died. The car in which they were travelling was involved in a head... Read more »
Challenges to Wills based upon an alleged want of knowledge and approval seem somewhat of an ugly step-sister. Not popular, possibly not very well understood and certainly rarely written about. This paper attempts to shed some light on this unloved area of estates law and to explore the relationship between the complexity of a Will and the likelihood that a Court will find that a testator knew and approved of its contents.
What Happens if You Die Without a Will – Intestacy If you die without a valid Will your estate is distributed according to the rules set out in section 72G of the Administration and Probate Act. These rules provide that: If you have a spouse but no children, then your entire estate passes to your... Read more »
In a recent decision of the United States District Court for the Western District of Oklahoma, a temporary restraining order was granted preventing an amendment to the constitution of Oklahoma which would have prevented State courts from relying upon any international law and specifically Sharia (Islamic) law in their decisions.
While most people are aware that a Will may be challenged if the deceased was of unsound mind, drunk or acting under duress, it is not commonly known that the majority of Wills litigation involves Wills which are entirely valid.
When you marry or re-marry there are a few things that you should know regarding your will. A will is cancelled by marriage unless it is expressed to be made in contemplation of that marriage. A will is not cancelled by divorce, but the following occurs: an appointment of the former spouse as executor is... Read more »