COVID-19 Workarounds for Estate Planning

The COVID-19 pandemic has seen an increase in enquiries about how social distancing measures will affect the execution of important legal documents including Wills and Enduring Powers of Attorney. Under the Wills Act 1997, a Will must be signed by or at the direction of the testator in the presence of two independent witnesses each…

Another Will challenge case with no winner – Re: Schlink 2020 [VSC 180] (15 April 2020)

The facts The deceased was survived by his adult daughter from a prior relationship and his partner of some 20 years. The estate was relatively modest, comprising of a house worth $650,000 and a share portfolio of $120,000. The Will left $50,000 to the adult daughter and the balance of the estate to the partner….

Protecting your children’s inheritance from the reach of the Family Court

Protecting your children’s inheritance The Family Court of Australia’s recent decision in Bernard v Bernard [2019] FamCA 421 demonstrates the benefit of obtaining tailored estate planning advice in order to protect your children’s inheritance.  The case involved proceedings for a property settlement between a husband and wife following their separation.  The wife claimed that the…