VIC Wills, Powers of Attorney, Probate and Letters of Administration publications have been updated to take into the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy. Our commentaries contain details of the changes the amending Act introduces.
VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced
ALERT: The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy.
TAS – Probate Rules 2017 commence 8 November
ALERT: From 8 November 2017 Probate Rules 2017 commence and Probate Rules 1936 are revoked. Circular No 14 of 2017 Probate Practice and Procedure details transition periods, the 2017 forms, how to submit queries and changes to practice and procedure affecting, for example, notice of intention and search requests.
NSW – Driver licence disqualifications – major changes
ALERT: The Road Transport Amendment (Driver Licence Disqualification) Act 2017 commenced on 28 October 2017. It reduces some penalties for various driver licencing offence (notably it removes the automatic disqualification for driving unlicensed), it repeals the Habitual Traffic Offender declaration provisions entirely, it removes/amends mandatory minimum disqualifications and it creates an application to the Local Court to remove licence disqualifications after certain offence-free periods.
It is suggested that the last of these will likely create new/increased work for lawyers in the Local Court.
Parenting orders and more
See the ‘Reference Manual – 101 Family Law Answers’ for interesting commentary on some of the lesser known aspects of parenting orders as well as commentary regarding the inability to subpoena certain Government agencies.
These can be found in the Children chapter:
- Authenticated consent
- Registration of Australian parenting orders overseas
- Registration of overseas parenting orders in Australia
And in the newly established chapter on Subpoenas:
Subpoenas – ATO, Centrelink and Child Support Registrar
Companies – new precedents
New precedents have been added to the publication Companies, Trusts, Partnerships and Superanuation
Put and call option agreement
Put and call option precedent for use by a private company allowing the vendor to grant the purchaser a call option over the shares and the purchaser to grant the vendor a put option over the same shares.
Company constitution
Adding to a comprehensive set of commercial incorporation tools for practitioners and their clients, the constitution is for company members who elect to use a constitution, instead of the replaceable rules to guide their internal governance.
The company constitution precedent includes the general rules governing the relationship between a company’s directors, secretary and shareholders and the activities of the company and can be easily customised to suit individual clients’ requirements.
Table of Replaceable Rules
For company members who elect to use the rules to guide their internal governance. The main advantage of the replaceable rules is that a company who uses them can ensure that they are always up to date with developments and changes in regulation.
QLD, Wills
The end of a de facto relationship with a testator has the same effect as a divorce, namely, it revokes the ex-de facto’s appointment as executor of the will and revokes any benefits the testator gave to the former de facto partner under the will: new s 15B of the Succession Act 1981.
VIC, Power of Attorney
From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including changes to ademption.
QLD, Estates
1. Notice of intention to apply for grant – Advertising changes From 24 November 2017 notices of intention to apply for grant need only be advertised in the Queensland Law Reporter and not in a newspaper: Supreme Court Practice Direction 14 of 2017.
2. End of de facto relationship – Revocation of executor The end of a de facto relationship with a testator has the same effect as a divorce, namely, it revokes the ex-de facto’s appointment as executor of the will and revokes any benefits the testator gave to the former de facto partner under the will: new s 15B of the Succession Act 1981.
3. Stepchild includes child of party to de facto relationship The definition of a stepchild has been extended to include the child of a party to a de facto relationship, so a stepchild of the de facto testator is capable of bringing a claim against the testator’s estate as the deceased step-parent: s 40A Succession Act 1981.
VIC, Estates
1. From 1 October 2017 paper forms for the commencement or completion of administration are no longer accepted – replaced by online smart land tax form LTX-Trust-18.
2. From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including amendments to intestacy, partners and 30-day survival rule, and repeal of hotchpot. See below for further information.
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