HOLIDAY DESTINATIONS – ADELAIDE CEMETERY? This week, many people are returning to work after their Christmas holidays.  I am yet to take my annual leave.  And so when I saw the Lonely Planet top 10 hottest destinations for 2014 my interested peaked.  It is no secret that one of my favourite holiday destinations is a Ski resort – powdery snow […]

Property Investment – Are you dying to get into the property market? The Business Review Weekly recently reported Harry Trigubof is bullish on the Sydney property market.  I wonder however, if he contemplated investing in cemeteries?  With burial sites across the Sydney greater metropolitan area expected to reach capacity within 30-40 years, this scarcity of land is the driving force […]

New Powers of Attorney Laws for New South Wales On 13 September, 2013 The Powers of Attorney Amendment Act 2013 (NSW) commenced, bringing about substantive changes to The Powers of Attorney Act 2003 (NSW) and associated regulations.   The changes include two new prescribed forms for general and enduring powers of attorney. The new NSW Enduring Power of Attorney Form is […]

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 […]