Proposed changes to the Wills Act 1997 (Vic) – Statutory will applications

The Justice Legislation Amendment (Succession and Surrogacy) Bill 2014 (Vic) was introduced in the Legislative Council on 20 August 2014. In the second reading speech, it was noted that: “The bill implements a number of recommendations of the Victorian Law Reform Commission (VLRC) in its 2013 Succession Laws Report.” In relation to statutory will Read More

ADT v LRT [2014] QSC 169

An important statutory will decision was delivered this week by Flanagan J, in ADT v LRT [2014] QSC 169. The decision is significant because there has to date been very little judicial consideration of s.24(e) of the Succession Act 1981 (Qld) – the requirement that ‘it is or may be appropriate for an orde Read More

Management of protected estates (NSW) – Manager may need to take into account the prospect of a Statutory Will application as part of the estate planning for a protected person

In Ability One Financial Management Pty Limited and Anor v JB by his Tutor AB [2014] NSWSC 245, Lindsay J considered the basis, and terms, upon which a private corporation conducting a business of management of protected estates might be appointed, or permitted to act, and be remunerated, as manager of t Read More

Presentation on Statutory Will applications, The College of Law, Sydney – 27 March 2014

Richard presented a paper on Statutory Will applications on 27 March 2014 at the College of Law, Sydney, as part of the CPD program ‘A Day of Wills and Estates’. The topics addressed included: Situations where an application for a Statutory Will may be warranted Identifying whether the ‘core test’ can be met Read More