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When can a Court overturn a discretionary trustee’s decision? — Read Article

Litigation & Dispute Resolution, Wills & Estates, Estate Litigation

When can a Court overturn a discretionary trustee’s decision?

A trustee’s discretion is broad, but it is not unlimited. After two brothers caused approximately $1.36 million in family trust funds to be distributed to themselves, excluding their sister, the Court found that hostility had displaced the proper exercise of discretion. The Trani v Trani decision highlights the duties trustees must observe and when beneficiaries may challenge a distribution.

Common Issues in Family and Trust Disputes — Read Article

Litigation & Dispute Resolution, Wills & Estates, Estate Litigation

Common Issues in Family and Trust Disputes

Disputes over family wealth often involve more than money, with longstanding expectations, informal promises and questions of fairness driving conflict. Catherine Ballantyne examines common issues involving wills, family trusts, executor conduct and promised property, and explains how careful planning, clear records and early advice can help protect both family relationships and assets.

When the Family Farm Becomes a Battlefield — Read Article

Agribusiness & Regional Enterprises, Private Client, Litigation & Dispute Resolution

When the Family Farm Becomes a Battlefield

What starts as a handshake at the kitchen table can end in years of litigation. When family succession plans are undocumented, disputes can escalate quickly.

Tips for Amicable Divorce — Read Article

Family Law, Private Client

Tips for Amicable Divorce

Our tips for an amicable divorce or separation can reduce emotional strain, save on legal costs, and make it easier for both parties to move forward.

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Victoria (VIC), Private Client, Wills & Estates

"I deserve more" - Adult Children Family Provision Claims under intestacy

Executor Commission Denied — Read Article

Victoria (VIC), Wills & Estates

Executor Commission Denied

Family Provision Claims by Domestic Partners– What is Adequate Provision? — Read Article

, Private Client, Wills & Estates

Family Provision Claims by Domestic Partners– What is Adequate Provision?

Can a Note on Your Phone Be a Will? Supreme Court Says No in This Case — Read Article

, Private Client, Wills & Estates

Can a Note on Your Phone Be a Will? Supreme Court Says No in This Case

Private Client, Family Law,

Tick Tock: Time Limits to Diarise in Family Law

Succession Law Update – Part IV claims and the meaning of 'dependent' — Read Article

, Private Client, Victoria (VIC), Private Client, Wills & Estates

Succession Law Update – Part IV claims and the meaning of 'dependent'

Holidaying After Separation — Read Article

, Private Client, Family Law,

Holidaying After Separation

When can an executor be passed over or removed? — Read Article

Australia, Private Client, Family Law, Private Client, Property Law, Private Client, Wills & Estates

When can an executor be passed over or removed?

Beat the Clock: Contesting a Will in Victoria — Read Article

, Victoria (VIC), Private Client, Wills & Estates

Beat the Clock: Contesting a Will in Victoria

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

Private Client, Victoria (VIC), Wills & Estates, Estate Litigation

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

What happens if my Power of Attorney breaches their duties and causes financial loss – can I seek compensation? — Read Article

, Victoria (VIC), Private Client, Wills & Estates

What happens if my Power of Attorney breaches their duties and causes financial loss – can I seek compensation?

Are you flying for the holidays? Have you got your estate planning documents done? — Read Article

, Victoria (VIC), Private Client, Wills & Estates

Are you flying for the holidays? Have you got your estate planning documents done?

, Private Client, Wills & Estates

Role and Duties of an Executor

Mistakes to avoid in a family law case — Read Article

Private Client, Family Law,

Mistakes to avoid in a family law case

Can Step-Children contest a Step-Parent's Will in Victoria? — Read Article

, Private Client, Victoria (VIC), Private Client, Wills & Estates

Can Step-Children contest a Step-Parent's Will in Victoria?

Victorian Windfall Gains Tax Update — Read Article

Australia, Property Law, Property Law, Private Client, Property Law

Victorian Windfall Gains Tax Update

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