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.
NSW – Conveyancing
Sale & Purchase of Real Property commentary has been updated top include a table that allows users to easily discern the differences between the By Lawyers Sale of Land contract and the Law Society contract 2017.
1001 Conveyancing Answers has been updated to include reference to the By Lawyers contract and highlight the differences between it and the Law Society contract.
Key differences: The inclusion of warranties which remove the need for standard requisitions and special conditions, the facility for all communications including exchange to be electronic, and replaces claims with a right for the purchaser to either accept the detriment or rescind if the detriment, of whatever value, materially and adversely affects the property and the vendor is unwilling to rectify it.
QLD – Estates – Applications for grants
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.
Differences between de facto and married couples
Overall, the Family Law Act largely provides the same rights for de facto couples as for married persons. However there are differences which can make the process more arduous, complex and costly for de facto couples.
New financial agreement – Piper and Mueller
A new financial agreement was published today in order to take into account the decision in Piper and Mueller. It covers both the requirements of during a de facto relationship under Part VIIIAB (s90UC) and the subsequent marriage under Part VIIIA (s90B). There is an informative commentary to go with it.
The new precedent is titled Combined financial agreement s90UC and s90B – During de facto relationship and subsequent marriage.
Injury publications – medical glossary
A medical glossary has been added to the injury publications to assist practitioners with ready access to better understanding medical and trauma terms.
Insolvency – personal bankruptcy and corporate insolvency
This publication has been updated as the result of an extensive author review, including new content discussing the recent changes introduced by the Insolvency Law Reform Act 2016.
For corporate insolvency up to date case law examples have been included.
Enhanced content on how bankruptcy proceedings are regulated in Australia and the role of creditors.
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