HAS YOUR EXECUTOR LOST CAPACITY? IF SO BEWARE THEIR ENDURING POWER OF ATTORNEY MAY BE GRANTED PROBATE OF YOUR WILL. Many clients approach their will as a “set and forget” exercise. There is much commentary as to why testators ought to review their wills regularly. Much of this commentary centres on the changes in financial circumstances. What is not commonly contemplated, are changes […]
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Practice note from General Editors: estate proceeds trusts Following on from Richard Williams’article, it has recently been raised with the General Editors, by estate planning professionals, that estate proceeds trusts (EPTs) can be utilised to establish a trust where a will has not done so. The suggestion being that this is a means to rectify an oversight by a testator […]
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The NSW Parliament is currently debating the Rights of the Terminally Ill Bill 2013 (referred to in the media as the Assisted Dying Bill). Euthanasia is a topic shrouded in ethical issues, polarising opinions. One of the key concerns is abuse of vulnerable people, such as children and the cognitively impaired. Of course in my area of practice I frequently […]
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The Gold Coast District Law Association has recently published an article in Ipso Facto by our Christine Smyth. Christine’s article is about the dangers of using will kits or leaving a note instead of a will. Click here to read more blogs of Christine Smyth.
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