Author Archives: Richard and Sam

R v J [2017] WASC 53

There have been few Statutory Will applications in Western Australia, which is surprising because the threshold under s 42 of the Wills Act 1970 (WA) is lower than in the other States and Territories – the Court need only be satisfied that the suggested Will “is one which could be made by the pe Read More

Statutory will applications in Victoria – procedural changes taking effect from 1 January 2015

In a previous post on 26 August 2014 (accessible here), we highlighted proposed changes to the Wills Act 1997 (Vic), that would affect some procedural aspects of statutory will applications in Victoria. The Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (Vic) received Royal Assent on 21 October 2014.  The relevant p Read More

Court-authorised wills, Perth – 20 November 2014

Richard presented a paper on ‘Court-authorised wills for persons lacking testamentary capacity’ for the Society of Trust and Estate Practitioners (STEP), at the Supreme Court of Western Australia, Perth on 20 November 2014. The following topics were addressed: The statutory framework under the Wills Act 1970 (WA) When is a court-authorised will needed? Assembling the application R Read More

Presentation on Statutory Will applications – The Hon. Justice Tom Gray – STEP Queensland branch annual conference, 5 September 2014

The Hon. Justice Tom Gray, Supreme Court of South Australia, delivered a presentation at the STEP Queensland Branch annual conference at Kingscliff, NSW on 5 September 2014.  His Honour addressed the following: The scope of the requirement, in s.24(e) of the Succession Act 1981 (Qld) (and the corresponding requirement in the statutory wills legisl Read More

Statutory will applications, TEN 5th Annual Wills and Estates Conference, Gold Coast – 21 August 2014

Richard presented a paper “Statutory Wills – As a Sword and a Shield” at the Television Education Network 5th Annual Wills and Estates Conference on 21 August 2014. The following topics were addressed: recent case law on statutory wills for minors (which are subject to different requirements under the legislation, distinct from the ap Read More