Recent statistics released by Advocare have revealed that there has been a rise in elder abuse.  In the past two months alone, Advocare has received more than 200 calls for help which is double the number of calls received in the same period last year.  Almost one third of those calls concerned financial elder abuse. Abuse by Adult Children: One Recent Example An example of the kind of elder abuse

If you are considering challenging a Will, it is important to know that there is a time limitation for bringing a claim contained in the Family Provision Act 1972 (WA) (the Act). Under section 7(2)(a) of the Act, an application can be made within 6 months from the date on which the Supreme Court issues a Grant of Probate of the Will. Under limited circumstances, the Court has discretion to

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Mar 2018

Probate Caveats

A Grant of Probate represents confirmation from the Supreme Court that a Will of a deceased person is the last valid Will of that person.  A Probate caveat may prevent a Grant being issued.  A recent decision in the Supreme Court of Western Australia (Richardson v Devine ¹ (Richardson case)) has provided valuable guidance as to the procedures to follow in WA in respect of Probate caveats. A Probate caveat is a written

The recent decision upheld by the Western Australian Court of Appeal Blenkinsop v Herbert WASCA 87 (Blenkinsop) outlines the importance of understanding the terms of a discretionary trust deed. More significantly, the case focussed on the nature of the Guardian’s powers and the Court’s jurisdiction to remove the Guardian. 1.     What is a discretionary trust deed? A discretionary trust is a common vehicle for operating businesses as they offer

WHAT HAPPENS TO YOUR ONLINE PRESENCE WHEN YOU DIE? How many of you now have one or more of these: Facebook? Twitter? Instagram? Linkedin? PayPal? Email? Frequent Flyer points? Credit card reward points? Online bank accounts? Email? As most individuals would have at least some sort of online presence or would “own” “digital assets”, have you considered what will happen to these “assets” after your death? Do any of these

HAVE YOU LOST YOUR WILL? There was a recent interesting case heard in the Supreme Court of Western Australia: Larussa v Carr (as Administratrix of the Estate of Giuseppe Larussa) WASC 332 (Larussa case) related to a lost Will and whether it has been deliberately destroyed or in fact had been lost. This case shows the importance of why you should keep your Will in a safe place and

Can your Will be challenged? Recent decision on providing adequately for your children An assumption that many people make is, once you have signed your Will, that your Estate will be distributed according to your wishes when you die. This assumption is quite wrong and careful consideration should be taken when deciding on how to distribute your Estate. A recent case in the Supreme Court of Western Australia, Taylor v

When is a de facto relationship considered to be at an end? A recent decision in the Supreme Court of Western Australia decided this issue in Chan v Waldemar Mazurkiewicz (in his capacity as Administrator of the Estate of Witold Mazurkiewicz) WASC 432 (Chan case). The de facto wife commenced a claim in the Supreme Court for greater provision from the estate of her late de facto husband under

Will the breakdown of your de facto relationship affect your estate planning? If you consider yourself to be in a de facto relationship, what implications does this have for your estate planning? Many people have a misconception that de facto spouses do not have rights similar to those of a married spouse. However, in Western Australia, de facto spouses do have, if not precisely the same rights, then similar rights