Succession law explained
An executor’s role is to get in the assets of the deceased, to pay the estate debts, the legacies given by the will, and distribute the estate assets. It is common for a will-maker to appoint the same person as executor and trustee. Once they have completed the executorial duties, they hold the property as …
Continue reading "Removal of an Executor by the Victorian Supreme Court."
In Australia, following adoption, the adopted child becomes a full member of the adopting parents’ family and generally, all prior legal familial relationships cease to exist. In most jurisdictions, this applies equally to intestacy so that where a person has been adopted, previous family relationships have no recognition on intestacy. Background Werner Ihenfeld was born …
Continue reading "Adoption, Intestacy and the Biological parent."
The fundamental purpose of equitable estoppel is to protect a person from acting to their detriment by preventing the promisor from resiling from their promise or representation; proprietary estoppel applies where a person induces another to adopt an assumption or expectation that the other has or will obtain an interest in the first person’s property, …
A Court appoints an administrator pendente lite to impartially manage and preserve a deceased estate for the benefit of those persons who may ultimately be found to be entitled to it. Section 32 of the Administration and Probate Act (NT) provides that pending any action concerning the validity of a will, obtaining a grant of …
Continue reading "The Musician, the Manager – Administrator Pendente Lite"
The Administrative Appeals Tribunals (AAT) review decisions made by government departments by assessing the relevant facts, law and policy to make the legally correct decision or, where there can be more than one correct decision, the preferable decision. Following the review of a decision by Centrelink’s Authorised Review officer (ARO) or Subject Matter Expert (SME) …
It has been said that a residuary clause is the most important clause in a will as it sets out who will inherit the remainder of the deceased’s assets once any debts, funeral expenses, inheritance tax and legacies have been paid, and any of the items specifically bequeathed have been distributed to the appropriate beneficiaries. …
In a recent case, the Supreme Court of New South Wales court of appeal observed the ruinous nature of family provision claims by adult siblings. This included the financial burden of the litigation, embittered family relationships, adverse health consequences and the breakdown of relationships due to the pressure of the proceedings. Highlighting the importance of …
Section 33(1) of the Succession Act 1981(QLD) enables the court to rectify a will if it is satisfied that it does not carry out the testator's intentions because- (a) a clerical error was made; or (b) the will does not give effect to the testator’s instructions.” Having ascertained the testator’s instructions, if there is a discrepancy …
Continue reading "Revocation, Rectification & International Wills"
In New South Wales s27 of the Limitation Act 1969 (NSW) provides for a claim of adverse possession - colloquially known as 'squatters' rights' - allowing someone to legally take ownership of land they have occupied exclusively for at least 12 years The claim must be sufficient to extinguish the legal owner’s title — and …
At common law there are at least three different types of capacity best illustrated in the context of making a will: legal capacity - being 18 years or older (although there are exceptions). physical capacity- the testator must sign the will in the presence of two competent witnesses (although, there are exceptions.)and mental capacity - …