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    1300 MST LAW

  • Wills & Estates

    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.











    Battle of the Wills: properly executed Will prevails over home-made Will

    There are significant risks associated with failing to leave a valid Will. The executor of an informal Will is faced with the expensive task of applying for probate of the informal Will. In a recent case, the court rejected an application for probate of an informal Will, in circumstances where the deceased left an earlier, properly executed Will.