ByLawyers News and Updates

Wills, Powers of Attorney & Advance Care Directives SA

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Wills, Powers of Attorney & Advance Care Directives

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
  • Costs Agreements – 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 Advance Care Directives – Update  paragraph on South Australian Civil and Administrative Authority.
JUNE 
  • Added new precedent – Individual will creating multiple testamentary discretionary trusts.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Powers of Attorney 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.
  • The Advance Care Directives Kit produced by the South Australian government has been included in the guide. The kit is useful for practitioners who may wish to pass on additional information to their clients. The kit includes:
    • Advance Care Directive Form
    • Information Statement
    • Substitute Decision-Maker Guidelines
    • Information for Witnesses
    • Information for Interpreters

Wills, Powers of Attorney and Advance Health Directives QLD

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Wills, Powers of Attorney and Advance Health Directives

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
  • Costs Agreements
    • 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.
JUNE
  • Added new precedent – Individual will creating multiple testamentary discretionary trusts
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Powers of Attorney – 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.

Wills, Powers of Attorney & Enduring Guardianships TAS

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Wills, Powers of Attorney & Enduring Guardianships

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 
  • Costs Agreements
    • 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.
JUNE
  • Added new precedent – Individual will creating multiple testamentary discretionary trusts
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Powers of Attorney 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.

Wills, Powers of Attorney, Guardianship & Advance Health Directives WA

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Wills, Powers of Attorney, Guardianship & Advance Health Directives

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 
  • Costs Agreements
    • 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.
    • Amended to include reference to scale costs.
JUNE
  • Added new precedent – Individual will creating multiple testamentary discretionary trusts.
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.

Estates SA

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Estates

OCTOBER
  • Commentaries updated regarding deceased estates and foreign resident capital gains withholding payments.
  • Costs Agreements – 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
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
  • Update links to Cultural Gifts Program and Supreme Court Civil Rules 2006.
MAY
  • New Precedent – Initial letter to creditor confirming account.
  • Letters of Administration commentary – Update content re Right to a copy of the will and the inventory of assets. In line with change to Probate
  • Letters of Administration commentary – Update to Administrator commission content re Professional administrators.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • Letters of Administration – New precedent added – Initial letter to beneficiaries in will annexed
  • Probate – New precedent added – Search request form for copy of will or grant
MARCH
  • Precedents updated to reflect changed probate legal fees:
  1. Retainer instructions – Estates
  2. Costs agreement – Probate
  3. Costs agreement – Letters of administration
  • From 28 February 2016 fixed fee replaced with sliding fee.
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.

Estates NSW

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Estates

OCTOBER
  • Commentaries updated regarding deceased estates and foreign resident capital gains withholding payments.
  • Costs Agreements
    • 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
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
MAY
  • New Precedent – Initial letter to creditor confirming account.
  • Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Review and enrich commentary including discussion on the keeping and passing of accounts, stamp duty liabilities, and interim distribution.
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.

Estates QLD

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Estates

OCTOBER
  • Commentaries updated regarding deceased estates and foreign resident capital gains withholding payments.
  • Costs Agreements – 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
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
  • To do list – two new precedents summarising activities to be undertaken in a Probate or Administration matter.

MAY

  • New Precedent – Initial letter to administrator with duties when small estate and we are not acting
  • New Precedent – Initial letter to creditor confirming account
  • Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.

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.

Estates WA

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OCTOBER
  • Commentaries updated regarding deceased estates and foreign resident capital gains withholding payments.
  • Costs Agreements
    • added clause on scale of fees.
    • 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
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
  • Author update regarding caveats on grants for Letters of Administration.
  • New precedent – Example advertisement calling for claims on estate.
AUGUST
  • New Estates publication for Western Australia now available on By Lawyers!

New publication – Estates WA

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As of today, our library of publications now includes an Estates publication for Western Australia.

Make an application for probate or administration with ease and confidence.

Supported by comprehensive commentary.

Precedents include all necessary documentation for obtaining the grant, getting in the assets and making the distribution together with releases, indemnities and deeds of family arrangement.

To learn more about what this publication includes, please click here.

As always, if you have any questions, please email us at support@bylawyers.com.au.

Estates VIC

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Estates

DECEMBER
  • Added to Further Information – link to LIV Capacity Guidelines and Toolkit
  • Update link regarding AFSA notes on making deceased estate bankrupt
OCTOBER
  • Initial letter to executor confirming instructions/Initial letter to spouse executor – Added paragraph on SRO notifications regarding interim distribution.
  • Commentaries – Author update on superannuation – notification of death and disappointed beneficiaries.
  • Commentaries – Update on deceased estates and foreign resident capital gains withholding payments.
  • New LINKS TO LPLC guide for executors.
  • New precedent – Letter to attorney re signing acceptance.
  • 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.
SEPTEMBER
  • To do list – two new precedents summarising activities to be undertaken in a Probate or Administration matter.
  • Update links to Second Schedule to the Trustee Act 1958.
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
JUNE 
  • LINKS TO Supreme Court Victoria – Probate Online Advertising System – Reseal advertisement – This precedent previously just contained a link to the POAS web site. It now also contains three examples of advertisements for reseal of probate, reseal of letters of administration and reseal of administration will annexed.
MAY
  • New precedent – Initial letter to creditor confirming account.
  • Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • New precedent added to Probate guide – Exemplification or office copy request
  • New content added to commentary re:
  1. deceased intestate;
  2. renunciation;
  3. documents required for grant of probate;
  4. marks on wills;
  5. multiple copies of will;
  6. testamentary capacity;
  7. distribution;
  8. accounts;
  9. further information links.
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.
  • In Probate and Letters of Administration VIC guides the commentary on dealing with the administration of assets has been expanded. What points should be considered in the sale of assets and distribution of the estate? What taxation, investment, debt, accounting and cost disclosures should be considered?

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