It was in the context of preparing for the delivery of my recent presentation for The Tax Institute’s Death…and Taxes Symposium on the Gold Coast recently that I come to read a recent case of solicitor negligence in the context of estate planning. In the appeal decision of McFee v Reilly [2018] NSWCA 322, a…
Tag: breach of duty
Two Hats: Administrator & Super fund beneficiary = breach of fiduciary duty and account for profits
Her Honour Justice Atkinson delivered judgement on the case of McIntosh v McIntosh on 16 May 2014. This case involved an application for directions by the Administrator of an estate regarding the superannuation proceeds paid directly to her as beneficiary (at the discretion of the trustees). The administrator was the deceased’s mother. The deceased was survived…