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    Kaitlyn Sheridan

    Recent Posts

    Why a traditional Will can be a bad idea

    By Kaitlyn Sheridan on Sep 30, 2020 12:47:48 PM

    One of the major benefits of setting up a Testamentary Trust in your Will, along with the significant tax benefits, is the protection afforded to the assets of the Testamentary Trust in a Family Law property settlement.

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    Is the way we test capacity for Wills right?

    By Kaitlyn Sheridan on Jul 22, 2020 12:56:55 PM

    In an ageing and growing population with life expectancy increasing, it is becoming more and more crucial to test someone's decision-making capacity in the making of Wills. The foundational test for testamentary capacity is found in the case of Banks v Goodfellow (1870) LR 5 QB 549 which is a case from 150 years ago. In light of recent trends in the population and aged care living, it is essential to review whether the test set out in this case is still applicable, or whether a new test for capacity is needed to meet the current circumstances.

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