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. Each Australian state and territory has […]

Loan accounts and estoppel by Katerina Peiros and Christine Smyth A recent case from the Tasmanian Supreme Court, Dennis v Denis, is a magnificent illustration of troubled family dynamics being played out via complex accounting and legal principles before a senior judge.  Partner Christine Smyth and Katerina Peiros of Hartwell Legal discuss the seemingly minor loan account that wreaks havoc […]

by Christine Smyth, TEP and Katerina Peiros, ATI, Hartwell Legal, Executor’s commission is income of the personal representative and should be included in their assessable income. To read the whole article click HERE. To learn more, browse through our other blogs.

by Christine Smyth, TEP abd  Katerina Peiros, ATI, Hartwell Legal, Gifting assets by will to a pre-existing or inter vivos trust is not a breach of the rule against delegation, so long as the trust is “sufficiently constituted according to the rules of certainty in trust law”, in particular, it can be determined with certainty whether “any given individual is […]

Estate Proceeds Trusts: Benefits For Families by Christine Smyth, TEP, and Katerina Peiros, ATI, Hartwell Legal The poor cousin of proper planning, estate proceeds trusts are an underutilised reactive device enabling the creation of a trust where the deceased failed to do so.   Unless a testamentary trust (TT) is incorporated in the terms of the will, it cannot be established […]

Christine Smyth and Hartwell Legal Lawyer, Katerina Peiros’ article has been published in The Tax Institute Journal ‘Taxation in Australia’. This article discusses charitable giving in wills – an exploration of tax planning opportunities, risks and consequences that executors, will-makers and advisers must have regard to in will drafting and estate administration. To read more Successful Succession articles, Click Here.

Katerina Peiros and my article has been published in The Tax Institute Journal ‘Taxation in Australia’. Our article is called ‘Bankrupt beneficiaries of deceased estates’ and discusses the case law and commentary relating to various aspects of the bankruptcy of beneficiaries of deceased estates and the precautions that practitioners advising executors, beneficiaries and testators should take. To read more related […]

Christine Smyth and Hartwell Legal Lawyer, Katerina Peiros’ article has been published in The Tax Institute Journal ‘Taxation in Australia’. Our article is called ‘Bankrupt beneficiaries of deceased estates’ and discusses the case law and commentary relating to various aspects of the bankruptcy of beneficiaries of deceased estates and the precautions that practitioners advising executors, beneficiaries and testators should take. […]

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 […]