Tuesday, June 30, 2026

I can see clearly now ** – how to use a deed of clarification

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Previous View posts have explored the difficulties that can arise when steps are taken (for example to change a trustee of a family trust) ...
Tuesday, June 23, 2026

Full names in wills – do the right thing**

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Over the last few days, we have had some difficulties in progressing with the administration of an estate for a client where the deceased wi...
Tuesday, June 16, 2026

Super death benefits and conflicts of interest: Guilt is a useless emotion**

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Previous View posts have explored arguably the highest profile decision in relation to the obligation of a legal personal representative ( L...
Tuesday, June 9, 2026

Death is not the end (... for a former spouse when somebody else takes their place**)

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Following recent posts, the decision in Scott v Scott [2009] NSWSC 567 is a relevant case to be aware of in the context of the prospects of...
Tuesday, June 2, 2026

'The Vibe' and ruling from the grave: nothing breaks (like a heart)**

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The legal doctrine of The Vibe was originally argued in the movie The Castle. Arguably however it essentially captures the concept of courts...
Tuesday, May 26, 2026

Is it the end of the trust as we know it?**

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A critical aspect of every trust is the period for which a trust can last – often referred to as the perpetuity period or the vesting day of...
Tuesday, May 19, 2026

Sunny Afternoons - Counter-intuitive Tax Planning **

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We had an adviser recently wanting to explore having a client make distributions from a family trust directly to a superannuation fund. Hist...