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.
The sense of loss and grief after losing a loved one is heightened when the Executor seems to be unwilling or is unable to process the Will by applying for the grant of probate. A delay can see the assets devaluing.
A Testamentary Trust Will is used to give a legacy to one or more beneficiaries by utilising a trust for each beneficiary.
What is a Mutual Will?
There are key events for which people should immediately update their estate planning documents, such as a marriage, a death of a spouse, a breakdown of a marriage or a birth of a child. Without updating your will with these changes, they will not be considered when your will is executed.
How many anniversaries do you need to have until you have a claim on your de facto partner's estate?
In the matter of the Estate of Hawkins; Huxtable v Hawkins  NSW SC 174, Mr Justice Lindsay was asked to consider whether the Plaintiff could successfully bring a claim against the estate of her de facto partner when the relationship was of only 3 years standing.
The Decision of the Supreme Court of the Australian Capital Territory, 29 January 2019 Southwell v Staite  ACT SC2 reminds us that under the Bankruptcy Act when a beneficiary who is bankrupt receives money owing under a will it automatically becomes the property of the Trustee to be paid over to creditors.