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Wills & Estates

7 articles on Wills & Estates from the McCarthy Durie team.

Recent Case – Trusts in Family Law Property Disputes
September 2025

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
September 2025

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?
June 2025

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
November 2020

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?
May 2020

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
May 2015

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
May 2015

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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