24

Apr 2017

STATUTORY WILLS

In Western Australia (WA), recent legislative developments in 2007, have permitted the Supreme Court of Western Australia to make statutory Wills. Under the Wills Act 1970 (WA) the Supreme Court can make a statutory Will for a person who lacks the capacity to make their own Will (an ‘incapable person’). Although WA has more “relaxed” laws in this area compared with other States and Territories, it is surprising there have

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

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