Estate Planning, Probate and Estate Litigation Publications
2010
March 2010
Wills & Estates Law Update
In this bulletin we look at the key provisions of the new intestacy laws which commenced in NSW on 1 March 2010 and alert readers to the new form of notice of intended distribution of estate (Form 114), issued by the NSW Supreme Court.
February 2010
Wills & Estates Law Update
In this wills and estates law update we look at a recent case involving disputed wills, another case concerning the practice and procedure in relation to the granting of commission to executors and alert readers to the ATO's new Private Ancillary Fund Model Trust Deed.
January 2010
Who pays for estate litigation
In this bulletin we examine a recent family provision case, Carey v Robson & Anor and Nicholls v Robson & Anor (2009), which resulted in the unusual outcome that legal costs were not borne by the estate but by the plaintiffs.
2009
October 2009
Private charitable giving - new rules commence operation on 1 October 2009
In this bulletin we review the new rules for Prescribed Private Funds (now called private ancillary funds) which commenced operation on 1 October 2009.
August 2009
The legal right to refuse life saving medical treatment
In this bulletin we review two recent court decisions which considered the legal status of advance healthcare directives and the liability implications for healthcare professionals and organisations when faced with such directives.
July 2009
Court guidance on Statutory Wills
In this bulletin we report on two recent cases which give clear guidance on the interpretation of the Statutory Will provisions contained in the Succession Act 2006.
June 2009
Transactions overturned due to undue influence
In this bulletin we review two recent cases in the New South Wales Supreme Court which addressed the issue of equitable fraud and undue influence being exercised over elderly people. The cases have implications for legal advisers involved in any matters in which one of the parties is an elderly person.
May 2009
Fast tracking deceased estate cases
The Supreme Court has introduced a new Practice Note which will ensure family provision deceased estate disputes are resolved faster and more easily. In this Bulletin we review the key changes which will take effect from 1 June 2009.
May 2009
Wills & Estates Law Update
In this bulletin we look at recent important changes to the rules for Prescribed Private Funds and give an update on the amendments to the existing Supreme Court Rules.
April 2009
Proposed new intestacy law for New South Wales
Intestacy law in New South Wales will soon change as part of the overall push for the harmonisation of succession laws throughout Australia. In this Bulletin we review the key features of the Succession Amendment (Intestacy) Bill 2009 which was introduced into the NSW Parliament on 1 April 2009.
February 2009
New NSW Family Provision Law to commence on 1 March 2009
The New South Wales Succession Amendment (Family Provision) Act 2008 will commence operation on 1 March 2009. In this bulletin we review some important matters to note from the new law.
February 2009
Private charitable giving - proposed changes to the rules for Prescribed Private Funds
Prescribed Private Funds (PPFs) were introduced by the Howard Government in 2001 to encourage private philanthropy in Australia. PPFs have been very successful in achieving that objective.
In the May 2008 Federal Budget, the Rudd Government announced it would legislate guidelines to improve the integrity of PPFs and provide the trustees of PPFs with greater certainty as to their philanthropic obligations. The new guidelines will take effect from 1 July 2009. In this bulletin we review some of the key principles which formed the basis for the government's proposals for change.
January 2009
Wills & Estates Law Update
In this Wills and Estates Law Update we report on the increased probate costs effective January 2009, as well as some increased charges affecting trusts and estates law which were announced in the recent mini-budget. We also report on a recent case in which the plaintiff’s criminal conduct disentitled him from being considered as a proper object of his mother’s testamentary bounty.
2008
September 2008
Important High Court decision for trustees
In this Bulletin we review a recent High Court decision which has implications for trustees who propose to commence legal proceedings or defend legal proceedings against them.
July 2008
New NSW Family Provision Law one step closer
Family provision law in New South Wales will soon change as part of the overall push for consistent succession laws throughout Australia. The Succession Amendment (Family Provision) Bill 2008 ("the Bill") was introduced into the NSW Parliament on 26 June 2008. In this Bulletin we look at the key changes to note from this Bill.
May 2008
Wills & Estates Law Update
In this bulletin we outline the latest changes proposed to NSW Family Provision Law and also refer to a recent case which raised issues regarding rights of burial.
April 2008
Testamentary Capacity Case and Implications for Practice
The ability to prove or disprove testamentary capacity is a problematic area in estate litigation. In this bulletin we review a recent case which considered whether a grant of probate should be revoked on the grounds that the testator lacked testamentary capacity.
February 2008
Succession Act to commence operation on 1 March 2008
The NSW Succession Act 2006 will commence operation on 1 March 2008. The aim of the Act is to modernise the law of wills and move towards consistent succession laws in Australia. In this bulletin we summarise the key changes that will occur as a result of the new Act.
2007
December 2007
Wills & Estates Law Update
In this Wills and Estates Law Bulletin we cover the High Court decision on an earlier reported case concering alleged suspicious circumstances surrounding the last Will of an elderly spinster, summarise a recent Court of Appeal decision and review proposed changes to both the Succession Act and NSW Intestacy law.
September 2007
Fixed Costs for Family Provision Act Claims
The Chief Justice of the NSW Supreme Court has on a number of occasions made references to increasing legal costs in litigation and the need for lawyers to review the basis upon which they charge. He has suggested that lawyers need to reconsider whether time costing is the most appropriate way to conduct litigation for clients. In this bulletin we review pending changes to the way legal costs are determined in Family Provision Act litigation.
July 2007
Wills & Estates Law Update
In this Bulletin we provide an update on a case we covered last year relating to alleged suspicious circumstances surrounding the last will of an elderly spinster. We also look at changed provisions which will allow charitable trusts to have wider scope to make distributions to benefit both recognised charities and organisations associated with government.
May 2007
Wills & Estates Law Update
In our latest Wills and Estates update we review 2 cases in relation to court settlements involving minors, discuss the need for caution when providing specimen signatures and provide some feedback on the Succession Act 2006 which is due to commence in September.
2006
November 2006
Wills and Estates Law Update
In this bulletin we discuss what to do when trust structures set up by deed or by Will outlive their desired objective and we review the rules relating to interest on legacies.
October 2006
Wills & Estates Law Update
The Succession Bill 2006 passed through the Legislative Assembly on 26 September 2006 and will be debated soon. It is expected that the proposed Succession Act will be passed before the end of 2006. In this bulletin we outline some of the key changes to succession law in NSW.
September 2006
Wills & Estates Law Update
In this bulletin we alert you to important changes to the law of Wills in NSW with the introduction of the Succession Bill 2006 and report on a recent case involving a disputed Will.
August 2006
Wills & Estates Law Update
In this Wills and Estates update we review a decision of the NSW Court of Appeal relating to a late family provision application; new rules which will assist families to secure the financial future of children with disabilities; new categories of deductible gift recipients and a case involving a lost Will.
May 2006
Wills & Estates Law Update
In this Bulletin we provide an update on a range of issues associated with Wills and Estates law including Prescribed Private Funds and the use of DNA in deceased estates.
January 2006
Wills and Estates Law Update
In this bulletin we review some recent interesting cases covering a range of aspect of wills and estates law.
2005
November 2005
Forfeiture Act 1995 (NSW) - Important recent amendments and Court decision
On 28 October 2005, some important amendments were made to the Forfeiture Act by the Confiscation of Proceeds of Crime Amendment Act 2005 (NSW). The Forfeiture Act now also provides for “forfeiture application orders” in addition to “forfeiture modification orders”. In this Bulletin we review the amendments and also look at a recent Court decision in which the amendments were considered.
July 2005
Vendor Duty - Deceased Estates and the Principal Place of Residence Exemption - A Moving Target
A sale of a deceased’s ‘principal place of residence’ by the legal personal representative is generally exempt from payment of vendor duty if the sale is completed within 12 months from the date of the grant of probate…or is it? Many deceased estates have had to pay vendor duty on the sale of the deceased’s ‘principal place of residence’. In this Bulletin, we examine why and review the numerous changes that have proven necessary to correct the law as originally enacted.
May 2005
Wills & Estates Law Update
In this bulletin we review a recent High Court decision, changes to the Organ Donor Register and a Federal Court decision concerning family trusts.
April 2005
Wills & Estates Law Update
In this bulletin we focus on lessons that can be learnt from recent estate litigation cases.
March 2005
Wills and Estates Law Update
In this bulletin we look at Legal Capacity, the importance of keeping a Will up to date and the results of the 2004 STEP survey
2004
December 2004
Wills & Estates Law Update
In this bulletin we look at family provision claims; what can happen if executors are not diligent in their duties and land tax 2005.
August 2004
NSW Revenue Changes - Some Implications for Deceased Estates and Trusts
This bulletin reviews some of the implications stemming from the NSW state revenue legislative changes for deceased estates and trusts under the following headings: property sales/transfers, property purchases and land tax.
July 2004
Family Provision Law Update
This bulletin covers recent cases concerning family provision.
April 2004
Wills & Estates Law Update
This bulletin covers right of indemnity for trustees and out of office trustees.
January 2004
Important New Powers of Attorney Law for NSW
This bulletin provides an overview of the Powers of Attorney Act 2003.
2003
October 2003
To inherit or not to inherit ...
In this bulletin we examine some cases relating to inheritance issues.
July 2003
Wills & Estates Law Update
In this bulletin we examine unlawful kilings and applications to modify the Forfeiture rule.
April 2003
Wills & Estates Law Update
A review of a recent High Court decision relating to mutual wills and family provision and an overview of the Forfeiture Rule and the Forfeiture Act.
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