Tuesday, April 14, 2026

Right by your side** - Key rules for when a prenup will fail

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Previous View posts have looked at various cases where a binding financial agreement (BFA) has been held to be ineffective. The case of Hou...
Tuesday, April 7, 2026

King of the mountain** - Principal's or Appointor’s appointing themselves as trustees

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The position according to case law is that the powers of a principal or appointor style role of a trust are fiduciary powers that must be ex...
Tuesday, March 31, 2026

Let Love Rule - Specific Requirements of Binding Nominations **

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Previous View posts have considered various aspects of superannuation nominations, including binding death benefit nominations (BDBN) . As w...
Tuesday, March 24, 2026

BFA’s - What does the High Court decision mean (to me)**?

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As mentioned in last week’s post, the key issues undermining the validity of the BFA in this matter related to the conduct of the husband a...
Tuesday, March 17, 2026

BFAs - The High Court's (Greatest) View**

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In late 2017, there was further guidance from the High Court in relation to the manner in which parties to the BFA must conduct themselves i...
Tuesday, March 10, 2026

Being stuck** with ’fixed’ testamentary trust wills

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Previous View posts have touched on the concept of a basic form ‘fixed’ testamentary trust where the assets are required to pass directly to...
Tuesday, March 3, 2026

Guardianship appointment under wills – another application of The Vibe **

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Last week, an adviser (on behalf of a client) questioned how binding the nomination of a guardian under a will for infant children is likely...