ByLawyers News and Updates

Publication Updates

Wills January 2017

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New Commentary. 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.

Music copyright

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Following a recent mentor question the Sale & Purchase of Business commentary in all states was updated to discuss the licensing requirements  for business owners when playing background music in their businesses. Amendments were also made to the Retainer Instructions in each state.

WILLS AND POWERS OF ATTORNEY VIC

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Wills and Powers of Attorney

MAY 2017
  • Commentary updated to take into account changes introduced by Powers of Attorney Amendment Act 2016 and Powers of Attorney Amendment Regulations 2017. See commentary and article ‘Powers of Attorney – Evolution’. Changes include:
    • impact of new enduring power of attorney on previous powers;
    • clarification of the number of alternative attorneys that can be appointed;
    • forms updated in line with substituted forms as introduced by amending regulations.
  • Commenced 1 May 2017.
JANUARY 2017
  • 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.
  • Updated information on LIV Capacity Guidelines and Toolkit
OCTOBER 2016
  • Powers of Attorney Commentary- Author update regarding witnessing execution by the attorney.
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and 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.
  • Wills Commentary – Author update regarding superannuation as part of the estate.
JUNE 2016
  • Added new precedent – Individual will creating multiple testamentary discretionary trusts
  • Case law – Succession has been enhanced with addition of discussion on Badenach v Calvert re duty of care to intended and disappointed beneficiaries.
MAY
  • Added to commentary – New content re Interstate powers of attorney and Interstate instruments.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Commentary enriched to include a new section ‘What an attorney can’t do’. Commentary also enriched to include Instruments made in other states
FEBRUARY
  • 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.

Conveyancing VIC

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Conveyancing

FEBRUARY 

  • Commentary updated to include a discussion of priority notices which were introduced in Victoria in late 2016.

JANUARY 

  • Additions to the commentary to discuss caveats and special conditions concerning the conduct of auctions.
OCTOBER
  • Commentary update regarding Land Tax Regulations 2015 and notices of dispossession of land no longer required by SRO.
  • Commentary added discussing valid clearance certificates for foreign residents.
  • Costs Agreement
    • Clause added on payment of fees when purchaser not proceeding.
    • 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.
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
AUGUST 
  • Sale of Real Property – commentary updated to include discussion on bringing co-ownership arrangements to an end via partitioning.
  • Sale and Purchase of Real Property commentaries – further content on Foreign Resident Capital Gains Withholding Payments added
  • Purchase of Real Property – major restructure to ensure commentary follows the natural progression of a typical purchase.
MAY
  • Included foreign resident capital gains withholding payments when over $2 million to all necessary precedents, commentaries and contracts.
APRIL 
  • New precedent added – General advice to purchasers.
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • New section included in the commentary on powers of attorney for land transactions to accompany power of attorney precedents.
FEBRUARY
  • 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.

Wills, Powers of Attorney and Enduring Guardianship NSW

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Wills, Powers of Attorney and Enduring Guardianship

DECEMBER 
  • 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.
OCTOBER
  • 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.
SEPTEMBER
  • 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.
JUNE 
  • 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.
MARCH
  • Commentaries enriched to include a new section ‘What an attorney can’t do’. Commentaries also enriched to include Instruments made in other states.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY
  • 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.

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