In Agostino v Pietrobon [2020] SASC 117(Stanley J) a Will kit document which was purported to be signed by Giuseppina Agostino was propounded as the deceased’s last Will. It had the effect of disinheriting her son and her six grandchildren and leaving the whole of her estate to her niece and nephew. In refusing to […]
In this sectionDeceased estates
Bank Acts to Prevent Elder Abuse
The customer opened a Westpac bank account and added the complainant as a signatory. Four years later, in July 2019, the customer and complainant ordered $100,000 in cash. A few days later the customer was admitted to hospital. The bank refused to deliver the cash to the complainant. In August 2019, the complainant made a […]
Four Things to Do To Ensure Your Affairs are in Order
COVID-19 has brought into focus the uncertainty that inherently exists in our world. We just don’t know what is around the next corner. This has caused many of us to consider whether our affairs are in order. Here are four things to do.. Have in place a valid, up to date, well drafted and properly considered […]
Trustees of Self-Managed Super Funds are Obliged to Exercise Their Discretion in Good Faith Upon Real and Genuine Consideration
The recent Court of Appeal case of Wareham v Marsella (2020) VSCA 92 was a timely reminder of the “good faith” obligations. These are the relevant facts. Helen Swanson set up a self-managed super fund for herself in 2003. The trustees of the fund were Helen Swanson and her daughter, Carol Wareham, a child from […]
Be careful when lending money to family or friends
It is quite common for many of us to make loans to family members and friends, or for loans to exist between us and our family company or family trust. For many of these loans, it is also quite common that the terms of these loans are not documented, that they are interest free and […]
Can an unsent text message be ruled a valid will?
The Supreme Court of Queensland has ruled that an unsent text message which ended with a smiley face, was a valid will. After a 55-year-old man took his life, an unsent text message was found on his phone, which included directions that gave his estate to his brother and nephew, along with directions to put […]
Special Wills
Special Wills If a Person Has a Property But is a Child or is Mentally Impaired, Can the Court Make a Will for Them? The short answer is yes … in special circumstances. The Supreme Court has the power to make a “statutory Will”. However, section 22 of the Succession Act 2006provides that the Court must […]
Inheritance Lost for Lying about Being Homeless and Broke…
Convicted Kidnapper John Leary Claims a Greater Share in His Mother’s Estate but Loses his Inheritance for Lying About Being Homeless and Broke. Colleen Pidcock who died in August 2014 had four children and she left her estate to them in equal shares. One of those children was John Leary and he was to have […]
Claim for Rich Uncle’s Estate…
Was the Needy Nephew Successful in His Claim for a Share of his Rich Uncle’s Estate? Under the “Family Provisions” legislation contained in the Succession Act (NSW) 2006, persons who are “eligible persons” are entitled to make a claim for greater provision from the estate of a deceased person. “Eligible persons” are a limited class. […]
Buried or Cremated… who decides?
Who has the right to decide whether a person is to be buried or cremated? The executor, being the legal personal representative of the deceased, has the authority to make the decision concerning the disposal of the deceased’s body. From a legal point of view, directions in a Will are nothing more than guidance to […]
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Pritchard Law Group is a friendly local practice in the Sutherland shire that has served the needs of individuals and businesses for over 40 years.
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