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Wills commentary – VIC

9 April 2019 by By Lawyers

The By Lawyers Wills commentary in our Victorian Wills publication  has been updated with the following recent cases:

  • Lester v Lester [2018] VSC 611 – a discussion of construction of a will and the Settled Land Act 1958.
  • Re Langley [2018] VSC 623 and IMO the estate of Bruce William Standish (deceased) [2018] VSC 629 – discussion on informal wills.
  • Burgess v Burgess [2018] WASC 279 – discussion on potential conflicts where the legal personal representative seeks to claim superannuation benefits for themselves and provisions which might be included in the will.
  • Challenging a will after probate has been granted – Re Theodolou [2018] VSC 601 and Nobarani v Mariconte [2018] HCA 36
  • Nobarani v Mariconte [No 2] [2018] HCA 49 – forgery and costs in a will challenge
  • Family Provision claims with blended families and a Family Court order – Re Marsella; Marsella v Wareham [2018] VSC 312 (husband), Davison v Kempson [2018] VSCA 51 (adult child) and Matheson v Young; Sisson v Wharton & Young [2018] VCC 436 (adult children)

The discussion of costs in the commentary has also been updated in line with The Practitioner Remuneration Order, revised as at 1 January 2019.

The Land Tax section in the commentary has also been updated with regard to:-

  • Administration may be deemed by SRO to have been completed in many circumstances even where the land has not been distributed/transferred to beneficiaries – LTX Trust Form 18 Deceased estate – which relates to both commencement and completion of administration
  • All transferees of residential property in Victoria must complete a Digital Duties Online form purchaser statement.

We are grateful for the assistance of Roz Curnow, our learned Victorian Wills & Estates author, with these commentary updates.

Filed Under: Victoria, Wills and Estates Tagged With: Estates VIC, updates, Wills

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