“Whatever starts in California unfortunately has an inclination to spread“: Jimmy Carter Gregory Coote was an Australian born entertainment mogul who sadly died earlier this year. Whilst he was born in Oz, he spent most of his later years living in California. In 2011, Mr Coote had been party to divorce proceedings from his second wife and subsequently entered into…
Category: Estate planning
Computer Will upheld
In the Estate of Robin Michael (Deceased) [2016] SASC 164, the Supreme Court of South Australia held that a computer document was to be admitted to probate as the last will and testatment of the deceased. The Court itemised the following main issues to be determined were: Was the will on the deceased’s hard drive of…
Executor’s duty and what to do with that additional informal document
In their last days, people can often have cause to consider additional wishes they want to record somewhere as they consider what means most to them. Unfortunately, sometimes recording these wishes can become problematic for the executors and family left behind. Here’s a good example: I recently read the case of Re Mangan [2016] VSC 480…
Child of defacto spouse = step-child in family provision claim
In today’s society, it’s not uncommon for someone to refer to their defacto partner’s child as their own. They are often just as close to them, if not even closer, than their own, biological children. The Supreme Court of Victoria today handed down a decision finding that a child of a defacto spouse was a step-child of the deceased…
Court Made Will to protect assets from passing to children until 25 years
Court-made will to protect assets from passing to children until 25 years. Being a fairly new and novel area of the succession practice space, I’m always curious and therefore read the cases that hit my news feed on court-made wills and the reason behind them. The legislation sets out a clear formula for determining whether…
A Research Study – “Having the last word: Will making and Contestation in Australia”
I had the great pleasure of reading a very interesting report entitled “Having the last word: Will Making and Contestation in Australia”.
For those that want to skip to the good bits, you can access the report here.
In summary, the study was conducted over 4 years and is the bouncing baby booklet of the Public Trustees and the University of Queensland under an Australian Research Council Linkage Grant.
Elder abuse – it even has a name
Elder Abuse is alive and well.. unfortunately. It has become such a problem it now has a name? How did this happen?… That’s a rhetorical question. I’ve been reading more and more of Actor Mickey Rooney’s struggle and despite his original wealth and celebrity status, he was still just a gentleman, taken advantage of by…
Aged Care reforms, SMSF and Centrelink Schedules
With aged care reforms on their way, practitioners should be aware of the changes that result in considerations around affordability particularly for self-funded retirees or part-pensioners. As an SMSF trustee, there are some additional considerations that a trustee will need to consider. Check out a useful article by Anna Lawton, Senior Manager of Aged Care Services at Equity Trustees Limited via…
Order for disclosure sought against executors of estate
Not your average case, but I nonetheless found the case of Helg v Sergiacomi & Another [2014] QSC 50 an interesting read. Both parties were self-represented and the claim and assertions somewhat unclear. Ultimately, the applicant sought disclosure of documents relating the deceased’s estate of transactions during the deceased’s lifetime including a Trust Deed and mortgage documentation. …
Will for a minor child
Although the law is there to be used for this purpose, it’s not a very common occurrence that a Will be made for a minor child. However, this case came up on recently and I found it a great read. In summary: A 16 year old girl wants to make a Will Her father is…