Succession Law Articles and Blog
Please feel free to browse our Western Australian Succession Law articles and Gregson and Associates blog page
Guardianship and Administration on incapacity
The State Administrative Tribunal (“SAT”) has jurisdiction to hear matters in respect of a person’s incapacity or the appointment of [...]
The effect of poorly drafted affidavits
Relevant Principles The rules of evidentiary admissibility that apply to oral evidence given in open court are equally applicable to [...]
Puppet structures and alter egos: creation of a trusts, and powers of appointment to avoid the Court
People try to use third party asset structures to avoid their assets being attacked from a family law, bankruptcy and [...]
How the court assesses Family Provision or Testator’s Family Maintenance Claims
The Testator's Family Maintenance or Family Provision Legislation introduces a threshold jurisdictional question as to whether or not the deceased’s [...]
Capricious conditions in a Will that may be struck out by the Court.
There are a large number of examples of capricious and unreasonable distributions that have come before the courts over time. [...]
The changing family landscape and modern family provision law
Family provision law Over time, developments to the testator’s family maintenance (“TFM”) legislation expanded the categories or classes of eligible [...]
The Layman as an Estate Planner: The curse of the home-made Will
It is the author’s experience that most clients do not understand the nature of their own asset structures. Commonly, they [...]
The effect of joint tenancies on family provision claims
Many Australians are co-owners of interests in land. Many do not appreciate the nature or effect of the co-ownership and [...]
Superannuation Decisions after Death
Poorly Drafted Death Benefit Nominations Superannuation is a trust asset and not an estate asset governed by the terms of [...]
Removal of Executors and Trustees
Executor's Duties The Executor and a trustee stand in a fiduciary relationship to the estate and the beneficiaries.[1] The standard [...]
Costs in Will contests and the changing attitude of the Court
It has been said that costs have become an increasing problem in Wills and estate litigation, Mr Greg Smith MLA [...]
Probate Caveats
Caveats Functions and Purposes of Caveats A caveat is a mechanism used to stay of proceedings for those seeking probate [...]
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