Trustee’s minute of meeting evidences bad faith

Australian Taxation Institute Journal – Trustee’s minute of meeting evidences bad faith

Posted Posted in Other Publications

by Christine Smyth, TEP, & Katerina Peiros, ATI, Hartwell Legal. The failure of a discretionary trustee to give real and genuine consideration in their decision-making, and to act in good faith and for proper purpose, invalidated a distribution decision.  Trani v Trani1  defies all odds. The legal principles are simple and yet rare to be applied successfully. The facts are […]

Loss of capacity – an issue for all advisers

Australian Taxation Institute Journal – Loss of capacity – an issue for all advisers

Posted Posted in Other Publications

by Christine Smyth, TEP, and Katerina Peiros, ATI, Hartwell Legal  Three cases about solicitor duty to ascertain if their client has capacity to give instructions in the conduct of litigation are informative to other advisers. It is old news that mental and cognitive disorders are on the rise across the population. This will not improve in our lifetime.1 Those […]

The future of solicitor’s duty to willmaker

Australian Tax Institute Journal: The future of solicitor’s duty to willmaker

Posted Posted in Other Publications

Solicitors would be breaching their duty of care if they were to merely commit the client’s testamentary wishes to paper, without properly advising on the effect. The era of “simple” wills ended many moons ago. No will nowadays should go without some sort of clause about executor self-dealing or conflict, taxation, balancing of non-estate wealth, […]

Stepchildren seeking further provision in Victoria

Australian Tax Institute Journal: Stepchildren seeking further provision in Victoria

Posted Posted in Other Publications

by  Christine Smyth, TEP, and Katerina Peiros, ATI, Hartwell Legal,  New developments in the  definition of “stepchild” in Victoria will affect other jurisdictions. The Victorian Justice Legislation Amendment (Succession and Surrogacy) Act 2014 made changes to Pt IV of the Administration and Probate Act 1958 (Vic) (the Act), which governs applications for further provision from deceased […]

Ready, willing and able

Victorian Law Institute Journal: Ready, willing and able

Posted Posted in Other Publications

CASELAW GUIDES PRACTITIONERS IN ADVISING THEIR CLIENTS ON NON-BINDING NOMINATIONS, COLLECTION OF DEATH BENEFITS AND POSSIBLE CONFLICTS OF INTEREST FOR PERSONAL REPRESENTATIVES. –  BY CHRISTINE SMYTH AND KATERINA PEIROS Australians currently have more than $2.3 trillion1 invested in superannuation products and so it is no surprise, that upon death, an interest in the proceeds of these […]

Australian Tax Institute Journal: Bankruptcy – protecting death benefits and insurance

Posted Posted in Other Publications

by Christine Smyth, TEP, and Katerina Peiros, ATI, Hartwell Legal,  Mercies of the Bankruptcy Act 1966 and Life Insurance Act 1995 that should be wider known and utilised. Personal bankruptcy results when an individual is unable to pay his or her debts as and when they fall due and payable.1 Notably, the test is not whether the debts exceed […]

LSJ June 2017 – Issue 34 – An international will or a will in each jurisdiction?

Victorian Law Institute Journal June 2017 – Issue 34 – An international will or a will in each jurisdiction?

Posted Posted in Other Publications

By Christine Smyth  and  Katerina  Peiros The regime of international wills appears new and exciting, but upon closer examination it can raise more issues than it resolves.  The Uniform Law on the Form of an International Will contained in the UNIDROIT Convention (‘the Convention’) was ratified by the Commonwealth Government on 10 September 2014 and the Convention entered into force in Australia on 10 March 2015. […]