Barristers Solicitors Mediators

Located in O'Connor, Perth

Phone

+618 9331 5722

  • McIntosh v McIntosh [2014] QSC 99 What is the position where the deceased’s legal personal representative (eg, executor) seeks to have the deceased’s superannuation paid to them personally as a dependent of the deceased, rather than to the deceased estate?  A recent Supreme Court decision may shed some light. The Facts The deceased died a single man at the age of 40.  He suffered from bi-polar disorder and lived with his mother, who cared for him.  The deceased’s parents had separated when he was about 6 and the deceased had lived with his mother for most of his life. The deceased did not leave a Will. His mother was appointed Administrator […]

  •   It is a good idea to understand some fundamentals of the way a contract works, even if you engage a lawyer to draft or review the document. 1.  Correct Parties The contract should record the correct entities which are engaging in the contract.  A business name is not sufficient – use the name of the entity which owns the business name.  If someone is signing the contract on behalf a company or trust, then that should be recorded in the contract. 2.  Purpose of the Contract It is important to record the reason why the contract is being made and what each party expects to achieve from the contract.  […]

  • Carolyn Margaret Hickin v Robyn Patricia Carroll & Ors Recently the NSW Supreme Court confirmed as valid a clause in a Will which required his children to convert to Catholicism if they wished to inherit. Brief Facts The deceased man and his wife separated in 1959.  Subsequently, the wife and their four children became Jehovah’s Witnesses.  The deceased strongly objected to this. In December 2011 the deceased made a Will which gave part of his estate to his children, but only if they attended his funeral and were baptised in the Catholic Church within 3 months of his death. The adult children all attended the testator’s funeral but did not […]

  • A caveat is not only relevant to WA land titles; they also have a role to play in the administration of deceased estates in Western Australia. What is a Caveat on Probate? A caveat on probate (also called a probate caveat or a caveat against an estate) is a document that is lodged at the Probate Registry of the WA Supreme Court to prevent someone from obtaining authority to administer the estate of a deceased person. For example, if someone believes that the deceased did not have testamentary capacity at the time that they signed their last Will, they may lodge a probate caveat to prevent the executor obtaining a […]

  • Why a Will? Estate planning isn’t the nicest of subjects.  So many people put it off, that the WA Public Trustee estimates that over 50% of us haven’t made a valid Will. Dying without a Will can create chaos for your loved ones.  In addition to grief, they have to deal with complex paperwork relating to intestacy, uncertainties regarding inheritance laws and the difference of what the law says and what the deceased would have wanted to happen. It is common for intestate estates to cause conflict, which can lead to years of legal dispute and money wasted on lawyers’ fees. Even worse, if you die without a Will and […]

  • The increasing use of electronic systems and cloud-based technology for communications and the transmission of information has significant implications which many businesses are yet to fully realise. Cloud Services Put simply, “the cloud” is simply another way of using the internet.  Cloud services (such as Dropbox, iCloud or Google Drive) allow users to save information on the service provider’s remote servers, so that the information can be accessed using any computer in any location and also shared with other users. Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd [2014] QSC 30 On 23 August 2013 Basetec Services sent an email to the lawyers for Conveyor & General […]

  • An executor is the person appointed by someone’s Will to administer their estate after they pass away. An executor can be required to manage almost anything in relation to an estate, but their most common obligations include: applying to the court for a grant of probate; collecting all of the assets owned by the deceased; paying any debts owed by the deceased; arranging for final tax returns to be lodged; distributing the estate to the beneficiaries named in the Will; representing the estate in any legal proceedings which the estate may need to defend or commence; and acting as trustee to manage the inheritance of any beneficiaries who are under […]

  • What is an executor? What is intestacy? We provide a quick explanation of some terminology relating to deceased estates.