Wills, Powers of Attorney and Enduring Guardianship - NSW

New Commentary on Challenging the validity of a will
- Challenging a will questions its validity. Contesting a will questions the fairness of its provisions. The circumstances and processes when challenging a will are similar across all the states in legislation and in the common law principles that govern this interesting area of the law. This addition to commentary covers helpful tips for practitioners if they are faced with a client wishing to challenge the validity of a will.

Update to all Power of Attorney precedents – additional explanation of clause 3 Conditions and limitations.
Costs Agreement
- Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.

Powers of Attorney and Enduring Guardianship
- Updated commentary and precedents to refer to Guardianship Regulations 2016.
- Updated links to Guardianship Regulation 2016 (Schedule 1 and regulation 4) to Austlii consolidated regulation.

Content has enriched to now include irrevocable powers, ademption, registration of a power of attorney and land transactions, and also when there is no guardian.
Added new precedent – Individual will creating multiple testamentary discretionary trusts.

Commentaries enriched to include a new section ‘What an attorney can’t do’. Commentaries also enriched to include Instruments made in other states.

File Cover Sheets for all publications have been completely re-formatted for a better look.

Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.