Please be very careful if approaches are made to you to pay money to people you have not met from overseas. There has been publicity about people losing their money…

In (Dowsett v King [2019] NSWSC 1459) a fairly typical scenario unfolded.  Siblings quarrelled over Mum’s money whilst Mum was still alive.  Mum, aged 89 years, had 4 children.  She had…

We are continuing to provide professional legal services to our clients despite COVID-19.We have adopted a business as usual approach despite and implemented various practices and procedures recommended by www.health.gov.au and www.health.nsw.gov.au to ensure…

The Supreme Court of NSW is still open and is still processing probate applications (the document usually required to deal with the assets of a loved one who has passed…

The law says that for a Will to be validly signed it must have 2 independent witnesses who are present with the Will-maker when the Will is signed. The recent…

The Executor of a Will is charged with the task of carrying out the terms of the Will.  Often, the Executor must make decisions.  For example, if a property is…

The Electronic Transactions Amendment [Covid 19 Witnessing of Documents] Regulation 2020 commenced on 22 April 2020. The Regulation is designed to reduce face to face contact during the COVID-19 pandemic and allows…

Johnson v George (2018) QSC140 is an interesting decision in the Queensland Supreme Court where a dispute arose in relation to a funeral.  The deceased was an Aboriginal man who died…

Section 11(1)(c) of the Succession Act provides that an existing Will is revoked by a new Will.  This means by the mere fact that a Willmaker makes a new Will, all previous…

Photographs of unoccupied spaces are becoming our new norm.  If your business is no longer operating from owner-occupied premises or you are a landlord where the tenant has ceased to…

In 2018, the Supreme Court considered a claim by a surviving (ex) husband on the estate of a deceased former wife.  The husband claimed that when he and his wife…

An Executor is entitled to claim executor’s commission by way of compensation for the time and effort of performing the role.  The amount of the commission is determined by the…

It often happens that when a couple decide to make Wills they agree on the terms of each Will before giving instructions to the solicitor.  If the couple agree that…

What happens if a person lacks legal capacity to make a Will?   The Supreme Court may make a “statutory Will” for the person.   In Re The Will of Alexa [2020] NSWSC 560 Justice…

Most parents like to treat their children equally both before and after death.  However, care must be taken when the Will is made if it is intended to give specific…

Banks v Goodfellow (1870) LR 5 QB 549 is the leading case for establishing the test of testamentary capacity. The test is based on the four questions: ·         Does the willmaker understand…

As our population ages it is increasingly obvious that life estates are not an attractive option in blended family situations where, for example, a widow, who is a second wife…

Mr Ryan’s children contested the 2013 Will, claiming that by the time that Will was made, their father lacked testamentary capacity due to vascular dementia, which caused lapses in his…

It is bound to be difficult to make a valid Will in hospital when the will-maker is dying.  The lesson from a recent Queensland case is “don’t leave things to…