by Cameron Shaw | Oct 19, 2016
A testamentary discretionary trust (TDT) is a special type of trust created within your will. The TDT is different from a typical simple will. In a typical simple will the bequests or gifts of the will are given directly to the beneficiaries (subject to any delay...
by Cameron Shaw | Oct 17, 2016
In the three primary instruments of estate law, that is the will, the Enduring Power of Attorney and the Appointment of Enduring Guardian, it is not uncommon in certain circumstances to appoint more than one person to the primary roles, respectively, the executor, the...
by Cameron Shaw | Oct 17, 2016
The explanatory text from the Land Registry Services standard form of Enduring Power of Attorney is a useful start to this question: An enduring power of attorney is a legal document that allows you (the ‘principal’) to nominate one or more persons (referred to as an...
by Cameron Shaw | Apr 18, 2016
While the intention of the testator might likely have been to include any foreign assets in describing their ‘estate’ in their will, the law of that foreign jurisdiction might mean that those foreign assets aren’t easily dealt with. For example, if...
by Cameron Shaw | Nov 17, 2015
Section 136 of the Succession Act says: “If an intestate dies leaving no person who is entitled to the intestate estate, the State is entitled to the whole of the intestate estate”. Chapter 4 of the Succession Act makes provisions for what happens in an intestacy....
