ByLawyers News and Updates

Family provision claims SA

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New precedents have been added to the By Lawyers Family Provision Claims SA publication.

Following an author review of the guides, there is new content on the matter plans for both Acting for the Respondent and Acting for the Applicant.

The new content to assist practitioners acting for clients in relation to claims on a deceased estate under the Inheritance (Family Provision) Act 1972, includes:

Acting for the Respondent – new family provision precedents

  • Letter to beneficiary affected by settlement of claim
  • Letter to client after first directions hearing
  • Letter to client enclosing affidavits for signing
  • Letter to client enclosing draft affidavits
  • Letter to witness enclosing affidavit for signing

Acting for the Applicant – new family provision precedents

  • Authority to settle and receive
  • Direction to pay and authority to receive
  • Letter to client enclosing settlement deed
  • Letter to client after filing claim
  • Letter to client enclosing draft affidavit
  • Letter to client enclosing affidavit for signing
  • Letter to client after first directions hearing
  • Letter to witness enclosing affidavit for signing
  • Letter to client finalising the matter – Payment
  • Letter to client finalising the matter – No payment

The review of the Family Provision Claims SA publication and the addition of these new family provision precedents is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

New Family provision precedents – NSW

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Following an author review, a raft of helpful new Family provision precedents have been added to the By Lawyers Family Provision Claims (NSW) publication.

There is new content on the matter plans in both Acting for the Estate and Acting for the Plaintiff.

The new content includes:

Acting for the Estate – new family provision precedents

  • Letter to eligible person
  • Letter to beneficiary affected by settlement of claim
  • Letter to client enclosing Practice Note SC EQ 7
  • Letter to client after first directions hearing
  • Letter to client enclosing affidavits for signing
  • Letter to client enclosing draft affidavits
  • Letter to witness enclosing affidavit for signing

Acting for the Plaintiff – new family provision precedents

  • Letter to potential claimant
  • Letter to client enclosing Practice Note SC EQ 7
  • Letter to client enclosing settlement deed
  • Authority to settle and receive
  • Direction to pay and authority to receive
  • Letter to client enclosing settlement deed
  • Letter to client after filing claim
  • Letter to defendant serving summons and other documents
  • Letter to client enclosing draft affidavit
  • Letter to client enclosing affidavit for signing
  • Letter to client after first directions hearing
  • Letter to client enclosing estate affidavits
  • Letter to witness enclosing affidavit for signing
  • Letter to client updating costs disclosure
  • Letter to client finalising the matter – Payment
  • Letter to client finalising the matter – No payment

This review and the addition of these new family provision precedents is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

Wills guide reviewed – VIC

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The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Wills guide reviewed.

Subscribers in Victoria using this popular publication will find a re-ordered and extended matter plan, revised and updated commentary and a number of new precedents. Execution is now a top-level heading on the matter plan, with dedicated commentary on issues such as blind witnesses, gifts to witnesses and solicitors as witnesses. The revisions also include:

  • First steps and taking instructions for wills
  • Testamentary capacity and the test in Banks v Goodfellow
  • The formal requirements for a valid will
  • Informal wills
  • Intestacy
  • Executors
  • Execution
  • Challenges to the validity of a will
New and amended precedents
  • Initial letter to client enclosing costs agreement
  • Letter to client to confirming instructions
  • To do list
  • Instructions for signing
  • Letter reminding client that will is ready for signing
Other resources in the Wills guide reviewed

A number of links have been added to the Other trusted and useful resources.  A number of new cases have been included in 101 Succession Answers (VIC). Both of these resources can be found in the Reference materials folder on the matter plan.

Electronic conveyancing – SA

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From 3 August 2020, electronic conveyancing takes a big step forward in South Australia.

From that date, electronic lodgement of the following documents with Land Services SA will be mandatory:

  • Transfer
  • Caveat
  • Withdrawal of Caveat
  • Encumbrance
  • Discharge of Encumbrance
  • Transmission Application
  • Application to Register Death by Survivor
  • Lease
  • Surrender of Lease
  • Underlease
  • Surrender of Underlease
  • Transfer of Mortgage
  • Transfer of Encumbrance.

There are now two Electronic Lodgement Network Operators (ELNOs) active in South Australia – Sympli and PEXA. Sympli have been approved for transfers, caveats, withdrawal of caveats, mortgages and discharge of mortgages in SA. Practitioners can use either or both for their electronic conveyancing requirements.

 

Wills guide reviewed – NSW

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The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Wills (NSW) guide reviewed.

Subscribers using this popular publication will find a re-ordered and extended matter plan, revised and updated commentary and a number of new precedents. Execution is now a top-level heading on the matter plan, with dedicated commentary on issues such as blind witnesses, gifts to witnesses and solicitors as witnesses. The revisions also include:

  • First steps and taking instructions for wills
  • Testamentary capacity and the test in Banks v Goodfellow
  • The formal requirements for a valid will
  • Informal wills
  • Intestacy
  • Executors
  • Execution
  • Challenges to the validity of a will
New and amended precedents
  • Initial letter to client enclosing costs agreement
  • Letter to client to confirm instruction, advice and arrangements
  • To do list
  • Instructions for signing
  • Letter reminding client that will is ready for signing
Other resources in the Wills guide reviewed

A number of links have been added to the Other trusted and useful resources and a number of new cases have been included in 101 Succession Answers (NSW). Both of these can be found in the Reference materials folder on the matter plan.

RedCrest-Probate – VIC

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From 1 July 2020 all applications for grants of probate and letters of administration must be filed in RedCrest-Probate, which is the Supreme Court’s online filing system.

The documents required for a grant can be completed and uploaded as PDFs into RedCrest-Probate. Alternately they can be completed using the guided questions in the system.

The original will, or any other document upon which the application for a grant is based, must still be physically filed, or posted to the Court.

In a move to make the new process as electronic as possible, the original grant is the electronic copy issued by the court. Asset holders can view the original grant through RedCrest-Probate using a unique identifier and the application number appearing on the grant.

The By Lawyers Probate and Letters of Administration guides have been updated accordingly.

101 Succession Answers – Vic

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By Lawyers is delighted to release the latest in our 101 Reference Series – the comprehensive reference guide 101 Succession Answers – VIC. This useful resource provides more detailed information than the By Lawyers commentaries on the various areas and issues in succession law. It includes discussion, with links to legislation and cases, on:

  • powers of attorney and supportive attorney appointment;
  • medical treatment decision-making;
  • wills;
  • appointments of guardianship and administration;
  • estates – probate and administration; and
  • family provision.

101 Succession Answers VIC is now a related guide in LEAP – and included for new and existing website subscribers – to these Victorian By Lawyers publications:

  • Wills, Powers of Attorney and Advance Health Directives;
  • Estates; and
  • Family Provision Claims.

This is a must-have, easy-reference, resource providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings, ‘Ctrl+F’ searchability and plain English format. Practitioners can quickly address specific technical issues as they arise in a matter.

The By Lawyers team will be keeping 101 Succession Answers VIC updated with all relevant new cases and legislation as developments in these areas of law occur.

Lodgments via Sympli – NSW

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Transfer and duty lodgments

The range of lodgments via Sympli that are available in NSW has expanded.

Sympli has now been approved by NSW Land Registry Services and Revenue NSW for transfer and duty lodgments.

The following documents can now be lodged through Sympli:

Stand alone transactions 

  • Caveat
  • Withdrawal of Caveat
  • Priority Notice
  • Priority Notice Extension
  • Priority Notice Withdrawal
  • Mortgage
  • Discharge of Mortgage
  • Notice of Death
  • Transmission Application to Executor

Financial settlement transactions

  • Transfer
  • Mortgage
  • Discharge of Mortgage

The By Lawyers Conveyancing and Property guides for NSW provide property law practitioners with practical commentary and useful precedents for all aspects of the conveyancing process.

101 Succession Answers – QLD

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By Lawyers is delighted to release the latest in our 101 Reference Series – a comprehensive reference guide 101 Succession Answers for Queensland dealing with:

  • powers of attorney and advance health directives;
  • wills;
  • estates – probate and administration; and
  • family provision.

101 Succession Answers is now included for new and existing subscribers to these QLD publications:

  • Wills, Powers of Attorney and Advance Health Directives;
  • Estates; and
  • Family Provision Claims.

This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients addressing their specific queries, either in response to an initial enquiry or during the course of the matter.

  • When is an attorney to consider that their principal is incommunicate?
  • Can a solicitor take a benefit under a will that the solicitor has witnessed?
  • Under what circumstances might a grant of probate be revoked?
  • Has the High Court considered the position of an adult child who brings a family provision claim on the basis that their estranged parent previously promised them an inheritance?

Anyone in the firm will be able to readily answer questions such as these with 101 Succession Answers!

Family provision claims – NSW

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A full review of the By Lawyers Family provision claims – Acting for the estate guide has been conducted. This follows upon the recent review of Family provision claims – Acting for the plaintiff.

The review of this popular practical guide ensures that all content is in line with current law and practice.

Updates and enhancements include:

  • a re-organised and streamlined commentary that better caters for current practice;
  • additional assistance to help the practitioner get the matter underway;
  • enhanced commentary on preparing for and attending at mediation;
  • an updated matter plan that includes links to important sections of the commentary; and
  • significantly enhanced precedents:
    • Letter to plaintiff’s solicitor in response to their initial letter;
    • Brief to counsel – Defendant;
    • Defendant’s notice to eligible persons; and
    • Outline of submissions – Defendant.

This review of our NSW Family provision claims guides are part of By Lawyers ongoing commitment to continual improvement and enhancement of our content.

Additional information on Family provision claims can be found in the By Lawyers reference manual 101 Succession Answers (NSW). This includes the leading and latest cases on various important aspects of family provision claims. 101 Succession Answers is available in the Reference Materials folder in all related guides for NSW – Family provision, Wills, Estates, Powers of attorney and Appointments of enduring guardian.

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