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Wills Watch - Apr 2014

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the February 2014 edition:

  • Superannuation and your estate planning - Examination of Ioppolo & Heresford v Conti [2013] WASC 389 and Wooster v Morris [2013] VSC 594
  • Trustee's discretion and when to seek judicial advice - Application by Cottee re Estate of Smith [2013] NSWSC 47
  • Offensive and scandalous language in Wills - In the Estate of Michael Edward Welsh (deceased) [2014] SASC 13

Wills Watch - Feb 2014

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the February 2014 edition:

  • Lost and found - Neuendorf & anor v the Public Trustee of QLD as executor of the estate of J R Dickfos (deceased) [2013] QSC 156
  • Effect of marriage on the validity of a Will - Steel v Ifrah [2013] VSC 199
  • Competing interests over an estate with no Will - Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520
  • Minors have superannuation death benefits too - D13-14/048 [2013] SCTA 124

Wills Watch - Dec 2013

Welcome to Piper Alderman's Wills Watch, which aims to provide accessible and informative summaries on current succession law and estate administration issues.

In the December 2013 edition:

  • An imaginary beneficiary - Haim v NSW Trustee & Guardian; Estate of Feuerring [2013] NSWSC 1406
  • The right to reside versus a life interest in property - a question of construction and interpretation of a Will - McElligott v Public Trustee of Queensland & Ors [2013] QSC 314
  • Real estate and Self Managed Superannuation Funds
  • My iPhone Will - Yu [2013] QSC 322

Wills Watch - Oct 2013

Welcome to the latest edition of Piper Alderman's Wills Watch, looking at current succession law and estate administration issues.

Highlights of the October 2013 edition:

  • Succession planning for SMSFs and the role of a corporate trustee
  • Succession and farming families - Peters v Salmon [2013] NSWSC 953
  • A limit on trustees' discretion - Foley v Gleeson and Ors [2013] QSC 234
  • Separated spouse receives further provision from husband's estate - Jordan Watt v Riordan; in the Estate of Ned William Jordan [2013] NSWSC 1132
  • Together forever... in life and death - Teasdales & Teasdales [2013] FCCA 429

Wills Watch - Aug 2013

Welcome to the latest edition of Piper Alderman's Wills Watch, looking at current succession law and estate administration issues.

In the August 2013 edition:

  • Letter or Will? - In the Estate of William Edward Dodds (Deceased) [2013] SASC 56
  • Interpretation as to the correct distribution of income - Marks v Marks [2013] VSC 75
  • Personal liability for misconduct as executor - Neil Ronald Telfer and Executor of the Estate of the late Lyall Tefler v Carolyn Telfer (No 2) [2013] NSWSC 823
  • Same sex inheritance claims - Brennan v Mansfield and Prince Alfred College Inc [2013] SASC 83
  • Court ordered Will for incapacitated testator - Byrne v Rogers and another; Estate of Jeffrey Norman Rogers [2013] NSW SC 511

Wills Watch - Jun 2013

Welcome to the latest edition of Piper Alderman's Wills Watch, looking at recent developments in succession law and estate planning.

In the June 2013 edition:

  • The drama of Sir Peter Ustinov's Will: The Australian position
  • Conflict between executors and the role of an independent executor - Jurkiewicz v Jurkiewicz and the Public Trustee for the ACT [2013] ACTSC 8
  • South Australian legislative Update - Advance Care Directives Act 2013
  • Death of a trustee - Ballenden v Bryant (No 1) [2012] NSWSC 1471
  • The odd story of the Will that never was - Byrne v Rogers and another; Estate of Jeffrey Norman Rogers [2013] NSW SC 511

Wills Watch - Apr 2013

Welcome to the latest edition of Piper Alderman's Will Watch, looking at current success law and estate administration issues

In the April 2013 edition:

  • International Wills - update on the amendments to Wills Acts across Australia
  • Fractious families - Estate of O'Loughlin [2013] SASC 20
  • Statutory Wills - The Court's power to amend Wills - Matsis; Charalambous v Charalambous & Ors [2012] QSC 349
  • "Attorneys for executors" - Who can act if an executor is unable to? - Keith Dudley (Deceased) [2013] SASC 22
  • Interpretation and rectification of a will - McPherson v Byrne & Ors [2012] QSC 394

Wills Watch - Feb 2013

Welcome to the February edition of Piper Alderman's Wills Watch

In the February 2013 edition:

  • Uncertain beneficiaries - Application of Sachs [2012] NSWSC 1410
  • Role of executors - Farlow v Fincher, Estate of Fincher [2012] NSWSC 1515
  • Claims of parents - Boseley v Stowe [2012] WASC 329
  • High Court thwarts step-daughter - Stanford v Stanford [2012] HCA 52

Wills Watch - Dec 2012

In the December 2012 edition:

  • A question of construction - Hutchinson & Anor v Bank of Scotland Plc [2012] QSC 28.
  • Responsibilities of professional executors - Chick v Grosfeld [2012] NSWSC 1166.
  • Early access to trust funds - Krstic v State Trustees Ltd [2012] VSC 344.
  • Certainty is everything - Estate of Chomiak [2012] SASC 27.
  • More complications from home made wills - Estate of HalasHalas v NSW Trustee and Guardian [2012] NSWSC 1107.
  • International Wills update

Wills Watch - Sep 2012

Welcome to the September edition of Piper Alderman's Wills Watch, looking at recent developments in succession law and estate planning issues.

In the September 2012 edition:

  • International wills - As the Australian States move to accede to the Convention providing a Uniform Law on the Form of an International Will (Washington D.C 1973), the Wills Watch team looks at what this will mean in Australia.
  • All in the family - Lessons from the Estate of David Loy (Deceased) [2012] SASC 140
  • Witnessing requirements: When there's a will there's a way - Lessons from the will of Andrew Charles Pearce [2012] QSC 199
  • Court again asked to interpret "DIY will" - Lessons from Kean v Murphy [2012] NSWSC 948.
  • Reviewing your will while you can - Lessons from Hausfeld v Hausfeld & Anor [2012] NSWSC 989
  • Lost in translation - Lessons from Coppola & Anor v Nobile & Anor (No.2) [ 2012] SASC 129
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