A legal practitioner must follow a client’s lawful, proper and competent instructions.  When drafting documents, significant care must be taken by solicitors to ensure the documents prepared for their clients accurately reflect their client’s instructions and wishes. What happens if, under a Will, the instructions given by the Will maker are found on his or her death, not to have reflected the instructions provided to the solicitor? Section 50 of

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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

For Probate purposes, when is a missing person presumed to be dead? There is a misconception that, if a person has been missing for 7 years, then that person is presumed to be dead. But an automatic presumption of fact does not arise even if 7 years have passed without any sign of the person in question. In fact, it is possible for a person to be declared dead where