Recent Case – Trusts in Family Law Property Disputes
Background The recent Federal Circuit and Family Court of Australia decision in Caldwell v Caldwell[1] provides a timely reminder of how trusts are treated during family law property settlement proceedings, particularly discretionary family trusts u
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Why Good Estate Planning Matters: Lessons from Kemp v Findlay
In the age of digital documents and fast-paced lives, it is easy to put off the formalities of estate planning. However, the recent case of Kemp v Findlay [2025] NSWCA 46 serves as a reminder of why clear, legally sound wills are essential to spare l
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Company Powers of Attorney – Do you need one?
by Kimberley Davis What is a General Power of Attorney? A General Power of Attorney (POA) is a legal document that allows a company to give someone else (called an attorney) the power to act for the company. The attorney can: sign contracts; sign
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SUCCESSION PLANNING – MORE THAN JUST A WILL
Succession planning (also commonly known as estate planning) is not just about the making a Will, it involves many different aspects including planning for incapacity and having an up to date enduring power of attorney.From when a person starts to lo
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What is a Testamentary Discretion Trust (“TDT”)? Do I need one?
A TDT is a trust which is set up under your will on your death. A TDT allows your estate assets to be held in trust (or trusts) for your nominated beneficiary/ies. It provides a structure to manage and distribute your estate assets.Who are the partie
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114 year-old Australian college can't be sold due to founder's will
The historic Australian all-women's university Sweet Briar College will be closing soon. However, the founder I. F. Williams' will protects this estate from any sale.
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3 things to consider when choosing your will's executor
There is a lot to carefully consider when drafting your last will and testament, particularly how to choose an executor. Expert lawyers can help manage the process.
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