In Check Issue 81 | December 2018

18 December, 2018

Holiday season reminders The lead up to Christmas with the extra commitments and pressure is a high-risk time for mistakes and oversights. Be diligent and maintain your risk management practices— now is when you need them most. Here is a reminder of the top three areas where we see the most mistakes and oversights during […]

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Medical Treatment Planning and Decisions Act 2016 (Vic)

14 August, 2018

Download PDF Key points   Appointments of medical treatment decision makers and advanced care directives replace medical powers of attorney and refusal of medical treatment certificates from 1 July 2018. Medical power of attorneys entered into before 1 July 2018 are taken to be appointments of medical decision makers. Any refusal of treatment certificates created […]

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Avoiding superannuation claims

24 April, 2018

Introduction Every year LPLC sees claims involving superannuation funds. Claims sometimes arise because the practitioner does not have sufficient knowledge or experience with superannuation matters. Practitioners who regularly act in this area will agree that extensive expertise and understanding is required to properly advise clients and to have the best chance to avoid a claim. […]

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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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A guide for executors

24 January, 2018

18 frequently asked questions about being an executor. This booklet provides a guide, in question and answer format, for executors about their role, their obligations and what is involved in managing and finalising an estate in Victoria. For more information executors should contact their legal practitioner. 1 Who is an executor? An executor is a […]

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A guide for beneficiaries

24 January, 2018

20 frequently asked questions about being a beneficiary This booklet provides a guide, in question and answer format, for beneficiaries about what is means to be a beneficiary, what is required of them and what is involved in managing and finalising an estate in Victoria. For more information beneficiaries should contact their legal practitioner. 1 […]

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Managing risks in the wills and estates area

27 October, 2017

LPLC has published Wills and estates, the latest in our series of snapshots which are designed to provide data about claims against practitioners in specific practice areas as well as risk management strategies at a glance. This snapshot shows that between 2007 and 2017, claims in the wills and estates area accounted for eight per […]

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Time to retire retirement village claims

20 October, 2017

Since 2013/14 LPLC has seen 18 claims involving aged care facilities and retirement villages. The current estimate of the cost of these claims is in excess of $4million. Claims arise in the three main areas of: buying and selling retirement villages or aged care facilities advising on retirement village contracts for residents drafting wills. With […]

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Snapshot – Wills and estates

22 August, 2017

Snapshots provide data and main causes of claims in areas of practice as well as risk management strategies at a glance. Click the image to enlarge or download above.                            

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Comply with overarching obligations in estate disputes

2 June, 2017

While estate disputes are usually acrimonious practitioners and their clients must always comply with their obligations under the Civil Procedure Act 2010 (Vic). Practitioners need to be proactive about advising executors of their obligations when proceedings under Part IV of the Administration and Probate Act 1958 (Vic) are on foot. In one claim, the executor […]

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