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    1300 MST LAW

  • Wills & Estates

    Three’s A Crowd: Leaving Behind A Spouse And Partner But No Valid Will

    The law is constantly evolving to meet the needs of modern couples and blended families. Sweeping changes have been proposed to the Victorian rules for distributing estate assets where a person dies without a valid Will. Under the proposed regime, if a person dies leaving more than one partner but no valid Will, each partner will have no guarantee of receiving assets under the estate.






    New Framework For Advance Care Planning And End Of Life Wishes

    The Medical Treatment Planning and Decisions Act 2016 will come into operation on 12 March 2018. Under this new regime, individuals will be able to make Advance Care Directives giving binding instructions, and indicating their values and preferences, for future medical treatment.











    STAMP DUTY AND TRANSFERS BETWEEN SPOUSES AND DOMESTIC PARTNERS

    Victorian couples contemplating altering their property holdings between themselves must act quickly to avoid paying stamp duty. These changes were announced in the Victorian State Budget and will come into effect on July 1, 2017.











    Court Affirms Broad Scope for Estate Claims by Stepchildren

    A recent landmark decision by the Supreme Court of Appeal has reaffirmed the modern and inclusive definition of a ‘stepchild’. The decision has reaffirmed that stepchildren are among the limited number of people now eligible to make claims on a deceased’s estate.