WAS IT REALLY A GIFT, OR DOES THE DECEASED STILL OWN IT? Over the Xmas break I saw a news item about the huge online trade in unwanted Xmas gifts.  It reminded me of how I am often instructed that certain items no longer belong to the deceased because it is claimed the deceased gave it away as a gift […]

LAW SOCIETY OF TASMANIA – Many thanks to Francesca Saturno, Deputy Executive Director, Law Society of Tasmania and the Tasmanian legal profession for inviting me to address members on Risk Management in Succession Law & the case of Fischer v Howe. It was a pleasure to spend time with members who displayed gracious hospitality.  A special thanks to Francesca for […]

Savagery of the Senior Situation As a parent my greatest goal is to ensure my children grow into decent human beings who have a loving mutual respect for each other and for my husband and I. The idea that as we age they might descend into a bitter power struggle over the care of their parents is anathema to me. […]

CQDLA Conference  When I accept speaking engagements I expect the usual –  a conference room, coffee and a chance to chat with colleagues. Imagine my joy at the unexpected –  a chance to pat camels lazing by the pool and listening to Mao’s last dancer share his story of struggle from utter poverty to man of international stardom.  Click here […]

Schizophrenia, insane delusions and testamentary capacity are the core features of Haim v NSW Trustee & Guardian; Estate of Feuerring [2013] NSWSC 1406 (17 September 2013) This recent NSW decision on testamentary capacity is interesting, not only because of the mystery of the missing/non-existent beneficiary, but because the testator did not outwardly exhibit signs of delusion at the time of […]

Accredited Specialist Christine Smyth is presenting a seminar for the Queensland Branch of the Society of Trust and Estate Practitioners,  on issues arising when Succession Planning intersects with Family Law. This seminar provides a briefing for succession practitioners on aspects of family law that impact directly on succession planning. http://us2.campaign-archive1.com/?u=a16438093ab362a61906a64c7&id=c34fe2813b&e=bce3475603 Click here to read more blogs of Christine Smyth.

It isn’t commonly understood that a licence to bury a body in a particular plot has a value.  However, cemetery land is scarce and so the right to bury a body in a particular plot carries a great deal of value and can in fact be traded.   In this recent Family Court decision the parties jointly owned 2 burial plots […]

Your Money – Your Retirement How much money do you need?  Have you considered the long term costs of retiring? Did you know that 43% of people over the age of 65 need assistance with their day to day care? This government site provides you with a raft of practical guides and assistance for your financial future. https://www.moneysmart.gov.au/ Click here […]

September 16 – 22 marks ‘Include a Charity Week’, a week to raise awareness about leaving a bequest to a not-for profit organisation.  Include a Charity is a network of over 140 charities collaborating together to raise awareness amongst Australians about how easy it is to leave a charitable gift in their will. Redkite (www.redkite.org.au) recently brought some interesting figures to our […]

Friday 13 September, 2013 saw record attendance at the GDLA AGM, with a strong contingent of Robbins Watson Solicitors in attendance. His Honour Chief Justice of the Queensland Supreme Court, The Honourable Mr Paul de Jersey AC, regaled the 70 strong audience with his early days at the bar, while graciously accepting and thanking the association for the invitation to […]