In this sectionDeceased estates

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

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 […]

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

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 […]

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

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 […]

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

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. […]

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

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 […]

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

Be careful who you appoint as your attorney

The case of Smith v. Smith [2017] NSW SC 408 is a good illustration as to what can go wrong. Ronnie Smith appointed his second wife, Joy, as his attorney. Ronnie also made a Will giving his home and half the residue of his estate to Joy and the other half of the residue was […]

paul pritchard, Pritchard law group, legal, law, Menai lawyer, Sutherland shire lawyer, commercial law, conveyancing, family law, deceased estates, wills

Estate planning

Estate planning shouldn’t be regarded as something that is too big or too daunting to get done. Especially if you approach it like someone eating an elephant, one bite at a time until the job is done. Set out below is an estate planning checklist. If you need further assistance don’t hesitate to contact our […]

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