by Cameron Shaw | Sep 26, 2022
Mutual wills can play an important part in testamentary planning if there is no other reasonable alternative. Birtles and Neal in Hutley’s Australian Wills Precedents (8th ed, 2014) advise simply: “Avoid them.” The reason is that a mutual will...
by Telemon Admin | Feb 5, 2021
Testamentary capacity is defined as the mental capacity of a testator while executing their will. A case, (Banks v Goodfellow (1870) LR 5 QB 549) affirmed by multiple Australian authorities including the New South Wales Court of Appeal in (Mekhail v Hana [2019] NSWCA...
by Cameron Shaw | Mar 2, 2018
If you have executed an enduring power of attorney, you as the donor have signed a document that gives another person, the attorney, the power to deal with your financial matters on your behalf, even when you can no longer act for yourself. Anything your attorney does...
by Cameron Shaw | Feb 17, 2018
What is a blended family? A ‘blended’ family can take many different forms. Typically it might be where a testator (the will maker) has children to a first marriage or partnership, that relationship ends, and he or she enters into a relationship...
by Cameron Shaw | Feb 2, 2018
Under these circumstances, the position of administrator becomes vacant. The rule that the “executor’s executor” assumes the administration of the deceased executor’s estate (which is set out in Section 13 of the Imperial Acts Application Act 1969 (NSW)) DOES NOT...
