IntroductionWhen a person passes away without leaving a valid Will, their estate cannot be administered in the same way as if there was a Will appointing an executor. In such cases, the Supreme Court of Victoria may grant what is known as Letters of...
Key Legal IssueThe central issue is whether a stepchild—who has not been legally adopted by the deceased—can make a claim against the estate of a person who died intestate (i.e., without a valid will) in Victoria.Relevant Legal PrinciplesEntitlement on...
IntroductionSuperannuation is a significant component of estate planning in Australia, often representing a substantial portion of an individual’s wealth. However, the distribution of superannuation benefits upon a member’s death is governed by specific legislative...
Concerns about capacity of a person to enter into legal transactions is not new, nor is the acceptance that capacity is issue-specific and that incapacity is not static and can change. The Law Institute of Victoria (LIV) will be launching its “ Revised Capacity...
The position of a Trustee is an important position. The Trustee’s duties are covered between legislation in each state, commonwealth legislation and case law. Trustees can be individuals, one or more than one and also companies.Trustee’s DutiesTrustees of family...
