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Wills Watch - Aug 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 August 2014 edition:

  • Assisted suicide and forfeiture - The Public Trustee of Queensland v The Public Trustee of Queensland & Ors [2014] QSC 47
  • Lost Wills and the presumption of revocation - Lawrence v Australian War Memorial [2014] NSWSC 757
  • A moral obligation to provide for grandchildren? - Simonetto & Anor v Dick [2014] NTCA 4
  • Are the children Catholic? - Hickin v Carroll & Ors (No 2) [2014] NSWSC 1059

South Australian Legislative Update - Advance Care Directives - Jul 2014

As of 1 July 2014, the provisions of the Advance Care Directives Act 2013 (SA) (ACD Act) come into operation. 

The ACD Act greatly impacts how an individual's medical, health care and lifestyle decisions can be made if they are unable to make those decisions by establishing one document now called an Advance Care Directive (ACD).

Wills Watch - Jun 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 June 2014 edition:

  • Administrator's duties and superannuation benefits - McIntosh v McIntosh [2014] QSC 99
  • Further provision for adopted child - Hynard v Gavros [2014] SASC 42
  • Is the beneficiary alive - or not? - Estate of Ian Roderick Douglas, Cummins & Anor v Wu [2014] NSWSC 478
  • The Will is lost - will a copy do? - In the will of Gregory Thomas Barnes [2014] QSC 66

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
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