Tuesday, March 19, 2024
When you dream** of a better trust deed; however the court refuses to assist
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Last week's post considered the issues about varying a trust that has no power to vary, under the regime in New South Wales. While in ot...
Tuesday, March 12, 2024
Salvation!** - Varying a trust deed when there is no power of variation
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Pursuant to the Trusts Acts (and similar legislation) in most Australian states, there is an inherent power for a court to make variations t...
Tuesday, March 5, 2024
To avoid orphans** - you need to know who the parents are
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In theory, given modern science, the question of who is a parent of a child should be relatively easy to answer. As the decision in Masson v...
Tuesday, February 27, 2024
Backdating legal documents not possible ... without a time machine**
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As explored in other View posts, backdating legal documents is never permissible, regardless of the phrase used to describe the approach (eg...
Tuesday, February 20, 2024
Your digital footprint (part II) – some further comments on ‘stayin’ alive’**
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Last week’s post considered 6 of the key areas we suggest be captured on any checklist relating to a person’s digital footprint. As promised...
Tuesday, February 13, 2024
Your digital footprint (part I) – a bit like stay(ing) alive**
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A previous post has considered the key issues in relation to digital assets on death. View also provides free access to a template memo of ...
Tuesday, February 6, 2024
A cover is not the book** Taxation of executor’s commission
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Generally, where a person acts as the executor of another’s estate, one of three approaches are adopted to financially recognise the time, e...
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