I am often approached with matters which involve a deceased person having changed their will suddenly before their passing. A claim of suspicious circumstances surrounding the execution of a will…

I recently read the case Ioppolo v Conti [2015] WASCA 45 with interest. This case addresses a number of issues which need to be taken into consideration when devising a…

On 26 February 2015, the Western Australia Supreme Court handed down a significant and reinforcing judgement in the context of family provision claims in large estates. What were the facts?…

On 17 December 2014, Justice Philippides of the Supreme Court of Queensland, in RKC v JNS [2014] QSC 313, authorised a statutory will on behalf of a minor pursuant to…

In a recent case, in the New South Wales Court of Appreal, Ashton v Pratt [2015] NSWCA 12, a dispute arose over whether the mistress, Ms Ashton, could make a…

Recently, an enquirer contacted me to ask if they could access their mother’s Will, as they were acting as her attorney under an Enduring Power of Attorney. An Enduring Power…

I often find that clients have trouble choosing whom to appoint as their Executor in their Will. There seems to be a perception that when appointing an Executor, the Willmaker…

When taking instructions for preparation of Wills, I often find that clients want to give their house/property as a gift to a certain beneficiary. While this can be a noble…

I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are for beneficiaries to receive a…

I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are…

I often have clients asking me if their costs for bringing a family provision application will be paid from the estate if their claim is unsuccessful. I have previously written…

I have previously written about the tension that can occur when there are disagreements over whether, and where, a deceased person should be buried. In a new case, a dispute…