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Searching Content indexed under Wills/ Intestacy/ Estate Planning by Kott Gunning ordered by Published Date Descending.
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1
Planning for incapacity – An important part of your estate plan
Planning for incapacity requires: Enduring Power of Attorney; Enduring Power of Guardianship; and Advance Health Directive.
Australia
27 Mar 2019
2
6 tips to make life easier for your executor
Being an executor can be time-consuming, so consider these tips now to make the job easier for your executor later.
Australia
11 Oct 2018
3
Contesting wills - Insight from Power v Smart (2018) WASC 168
The case demonstrates the type of evidence required to contest a will and the high threshold needed in order to succeed.
Australia
11 Aug 2018
4
Family Provision Act claims: New costs determination caps introduced in Western Australia
These are important changes relevant to legal practitioners who practice in the area of contested deceased estates.
Australia
14 Jul 2018
5
Do not delay if you think you have a claim against a deceased estate
This decision is an illustration of the exercise of a Court's discretion to extend the time limit for making a claim.
Australia
7 Jul 2018
6
But what about the cows? The importance of a clearly drafted will
Two co-executors of a will sought directions as to whether 512 cattle were included as "plant and machinery" on a farm.
Australia
21 Dec 2017
7
Promised the family property but the promise has been broken – Insight from Currie v Currie [No 2] [2017] WASC 312
If the promise of family property has been broken, you may be able to enforce it through a proprietary estoppel claim.
Australia
4 Dec 2017
8
Rule of forfeiture extended: WA Supreme Court upholds US authority that you cannot indirectly benefit from a criminal act
This WA decision confirmed that a criminal wrongdoer cannot benefit indirectly as a result of the crime they committed.
Australia
4 Dec 2017
9
Unsent text message valid as a will
However, probate could have been issued at considerably less time and expense if a properly drafted will had existed.
Australia
15 Oct 2017
10
My will and the effect of marriage, separation and divorce
Always keep your will up to date with any changes in personal circumstances, such as marriage, separation and divorce.
Australia
4 Sep 2017
11
Estate planning and capacity: the importance of planning early for the future
If estate planning is left too late, the consequences can be devastating, both for the person and their loved ones.
Australia
3 Jul 2017
12
WA court declines to make statutory will
The WA laws relating to statutory wills are different from those in other states so this case gives important guidance.
Australia
3 Apr 2017
13
What is an advanced health directive (living will) and should I have one?
Each Australian State has legislated for some form of Advanced Health Directive.
Australia
4 Dec 2016
14
Seven years too long: time limits for making a claim on an estate
The WA Supreme Court has recently refused a plaintiff's application to extend the time to bring a claim against an estate.
Australia
4 Sep 2016
15
Promised the farm but no succession plan – What are my rights?
In the absence of a documented succession plan, there is a costly battle for children when a parent's promise is broken.
Australia
29 Jul 2016
16
When is an executor entitled to be paid?
Only where an executor is an accountant, a solicitor or a trustee company is it clear that there will be remuneration.
Australia
5 Jun 2016
17
WA worker accepts offer to settle claim before passing away – The consequences of no settlement documents being signed
No concluded agreement between the deceased and the respondent to settle his compensation claim had come into effect.
Australia
5 May 2016
18
Recent example of what constitutes disentitling conduct in family provision cases
The Court can refuse to make a family provision order, but it will only do so if the conduct is "disentitling conduct".
Australia
4 Mar 2016
19
Executor told to stop dithering
An executor who decides to apply for Probate needs to prove the Will, not undermine it by introducing contrary evidence.
Australia
22 Feb 2016
20
Family Provision Act (WA) claims – When executors are left - holding the baby
This case illustrates an executor's ability to seek a court's direction when in doubt as to the correct course of action.
Australia
28 Dec 2015
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