Key Risk Checklist: Witnessing an Enduring Power of Attorney

23 September, 2015

Witnessing an Enduring Power of Attorney Date:                        | Time commenced:                        | Time finished:                        | Location:                         In attendance Principal:                                                | Solicitor:                                                | Other witness:                         ☐  Photo identification of principal. – Specify form of identification produced eg driver’ s licence, passport ☐  Principal over 18 years of age. ☐  Principal has read pages 3-18 of the of the booklet entitled Take Control – a kit […]

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Key Risk Checklist: Administration mistakes

17 July, 2014

Delay in finalising estates ☐  Set out at the start of the retainer how you will communicate with the executors, how often that will be, whether you will communicate with the beneficiaries or whether you expect the executors to do that. ☐ Give practice risk guides to executors and beneficiaries explaining what is required to […]

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Key Risk Checklist: Family provision claims

17 July, 2014

Acting for claimants – out of time TFM ☐  Be familiar with the provisions of Part IV of the Administration and Probate Act 1958 (Vic) (Act). ☐  When taking initial instructions from a potential Part IV claimant ensure you clearly discuss with the client: the eligibility requirements for a family provision claim at section 90 […]

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Key Risk Checklist: Testamentary capacity

14 July, 2014

Testamentary capacity ☐  Take comprehensive instructions from the will maker in person, on their own. ☐  Be ever mindful of the issue of capacity and satisfy yourself that the will maker meets the various elements of the test, that is, the will maker must[1]: Be aware of and appreciate the significance of the act which […]

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Key Risk Checklist: Preparation of wills

14 October, 2013

Superannuation ☐  Obtain details of the client’s superannuation fund and policy. ☐  Determine whether the fund has binding, non-binding or no nominations. ☐  Review the superannuation fund trust deed if necessary. ☐  Alternatively, advise the client orally and in writing to contact the superannuation fund and obtain details of the nomination arrangements. The client should […]

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