The By Lawyers Wills commentary in our Victorian Wills publication has been updated with the following recent cases:
- Lester v Lester  VSC 611 – a discussion of construction of a will and the Settled Land Act 1958.
- Re Langley  VSC 623 and IMO the estate of Bruce William Standish (deceased)  VSC 629 – discussion on informal wills.
- Burgess v Burgess  WASC 279 – discussion on potential conflicts where the legal personal representative seeks to claim superannuation benefits for themselves and provisions which might be included in the will.
- Challenging a will after probate has been granted – Re Theodolou  VSC 601 and Nobarani v Mariconte  HCA 36
- Nobarani v Mariconte [No 2]  HCA 49 – forgery and costs in a will challenge
- Family Provision claims with blended families and a Family Court order – Re Marsella; Marsella v Wareham  VSC 312 (husband), Davison v Kempson  VSCA 51 (adult child) and Matheson v Young; Sisson v Wharton & Young  VCC 436 (adult children)
The discussion of costs in the commentary has also been updated in line with The Practitioner Remuneration Order, revised as at 1 January 2019.
The Land Tax section in the commentary has also been updated with regard to:-
- Administration may be deemed by SRO to have been completed in many circumstances even where the land has not been distributed/transferred to beneficiaries – LTX Trust Form 18 Deceased estate – which relates to both commencement and completion of administration
- All transferees of residential property in Victoria must complete a Digital Duties Online form purchaser statement.
We are grateful for the assistance of Roz Curnow, our learned Victorian Wills & Estates author, with these commentary updates.