Using preliminary discovery for family provision claims
Disputes between siblings after the death of a parent are common. A typical basis for a dispute is an allegation that one child has helped themselves to their parent’s money in the parent’s lifetime.
On the death of a parent, accessing documentation to take the other sibling to task is difficult. Often the sibling has no legal authority to ask for information . In Viljoen v Hayes [2017] NSWSC 801 a sister requested copies of bank statements belonging to her deceased father for the purpose of finding out what had happened to the proceeds of sale of her father’s property in his lifetime. The brother declined to produce copies. Read the rest of this entry »
Can I have a copy of the Will?
When a person makes a Will he or she is not obliged to show the Will to anyone. Some people do, some people don’t. However, after the Will maker has died, certain people are entitled to a copy of the Will as provided for in Section 54 of the Succession Act 2006. Those people who are entitled to a copy are:- 
Damage claims for repairs when leasing – Part Two
The NSW Court of Appeal case, Ellis’s Town House Pty Ltd v Botan Pty Ltd [2017] NSWCA 20, is a particularly interesting case as it addresses two separate but interesting issues, being:
- What is the correct method of assessment of damages under a Lease for a breach of painting and repairing covenants? and
- When a party may make an application to appeal from a Judgment of the District Court for amounts under $100,000.00.
The facts of the case together with the measure of damages have been discussed in Part 1 of this series of articles. Read the rest of this entry »
Damage claims for repairs when leasing – Part One
The NSW Court of Appeal case, Ellis’s Town House Pty Ltd v Botan Pty Ltd [2017] NSWCA 20, is a particularly interesting case, as it addresses two separate but interesting issues, being:
- What is the correct method of assessment of damages under a Lease for a breach of painting and repairing covenants? and
- When a party may make an application to appeal from a Judgment of the District Court for amounts under $100,000.00.
We will address these two issues in two parts over two separate articles. Read the rest of this entry »
Business succession plans and fine print
A scenario from a real case demonstrates how much it pays to ensure that a well thought out business succession plan is in place. Three veterinary surgeons operated a business in partnership. One of the surgeons was diagnosed with cancer. Steps were taken to dissolve the partnership and for his share of the business to be sold to the remaining partners. At the suggestion of a financial planner, the surgeons had all agreed to take out insurance with MLC “Live Cover Super”.
The cover was for 2 different types of event: death or total and permanent disability. A deed of dissolution of the partnership was drafted which provided that on receipt of the insurance proceeds, two thirds of the proceeds would be paid to the surviving partners to help them buy out the departing partner. Read the rest of this entry »
Legal reform – elder abuse – engaging with aging
The ARLC Commission has launched its report into Elder Abuse and its key recommendations can be found at http://www.alrc.gov.au/news-media/elder-abuse-national-legal-responses. Some really sensible suggestions have emerged from the report which are worthy of implementation.
For example, the idea of a national register for enduring powers of attorney. In our experience it is not unknown for different members of a family to take their elderly relative “lawyer shopping” resulting in multiple documents which conflict with each other. The “front line” for the use of powers of attorney is often a financial institution. Ensuring staff at Banks receive training in the legal process for accepting a power of attorney is welcome. Read the rest of this entry »