When can an executor be passed over or removed?

There may be circumstances, where the executor's capacity and or their ability to administer the estate is in question. This may occur prior to an application being made for Probate of the Will or after Probate has been granted. ...

Read More →

The Dangers of Homemade Wills

Whether it's convenience or costs, people still continue to prepare their own wills. It might be buying a will kit or typing their own will at home, whatever method that is used there are risks in homemade wills. In Martin as E...

Read More →

High Court Ruling on SMSF Death Benefits

The recent High Court decision of Hill v Zuda Pty Ltd has provided clarity on whether self-managed super fund (SMSFs) can make binding death benefit nominations (BDBNs) last longer than 3 years. The High Court considered whethe...

Read More →

The risks of writing your own Will

The coronavirus pandemic has thrown our lives into a state of uncertainty and during this time many people are considering whether they should make a Will or they are reflecting on their existing Wills to see whether it clearly se...

Read More →

What happens when an executor fails to defend actions brought against the estate?

Family provision claims made by a de facto partner and a disabled adult child In Menzies v Perta; Perta v Perta  [2021] VCC 941, the deceased's de facto partner and daughter (from a previous relationship) issued proceedings in ...

Read More →

Electronic Execution of Documents – Permanent Changes Afoot

Permanent changes to the laws relating to the electronic signing of documents are emerging from the ongoing COVID-19 pandemic. In mid-2020, the Commonwealth Government introduced temporary measures allowing companies to execute do...

Read More →
1 2 3