Will it be right?

1 March, 2018

Mistakes in the preparation of wills can be avoided with careful proofreading. In the 2016-17 policy year, wills and estates claims accounted for 11.7 per cent of the total cost of claims and 8.4 per cent of the total number. In the previous 10-year period, these figures were 6.8 per cent and 3.2 per cent […]

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Stay on the estate

1 June, 2017

Practitioners handling estate matters should not get involved in family disputes. As disputes between family members arise frequently in estate matters, practitioners need to be alert to their duties to executors and beneficiaries as well as potential conflicts of interest. LPLC has received claims where practitioners handling an estate were not proactive in distancing themselves […]

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Wills and super claims

1 November, 2015

Specialist knowledge is needed to advise on superannuation when preparing wills. Claims relating to superannuation arise when making a will as well as when dealing with the administration of the estate. Advising on superannuation issues requires a high level of legal knowledge and experience due to the complicated laws governing superannuation. The LPLC is drafting […]

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When family ties unravel

1 July, 2014

Practitioners need to be wary when acting for family members in asset transfers. The LPLC has seen a substantial increase in claims arising out of intra-family transfer of assets, reinforcing the need for practitioners to be careful when acting in such matters, especially if representing multiple parties or any party is unrepresented. Typically, when a practitioner […]

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State of play for BFAs

1 March, 2011

Family lawyers must be on their guard when preparing binding financial agreements. Binding financial agreements (BFAs) allow domestic partners to agree on how their assets will be divided if their relationship breaks down. By making such an agreement, the parties, some of whom are often vulnerable, are giving up or curtailing critical rights – the right […]

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Black wound back

1 April, 2010

Strict reading of the formal requirements of s90G of the Family Law Act invalidated some financial agreements. New provisions relax those rules. The effect of Black v Black has been ameliorated. While many practitioners were still on the beach in early January, legislative change crept in, affecting the formal requirement for signing financial agreements under […]

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