Science Fiction in Estate Planning
Could there ever be a legal expectation of a “use-by date” for human beings? We might scoff at such a notion and relegate it to science fiction, but should we be so quick to dismiss it entirely?
Elder Abuse – a Silent and Growing Epidemic
The longer we live, the more we may depend upon others — family members, friends, and professional carers. Australia now has one of the highest life expectancies in the world. That longevity is welcome, but it brings with it a sobering reality: the longer we live, the more time there is for those around us to take advantage.
Weird Probate Issues Part 9
Once more into the archive of wonky wills, baffling bequests, and improbable inheritances. Our ongoing series continues with eight more examples of what happens when estate planning goes wrong — or simply goes sideways.
Weird Probate Issues Part 8
Here we go again, with more Wacky Wills, Peculiar Probates and Dreadful Deaths. If you find yourself both appalled and entertained by what people get up to at the end of their days, this instalment of our series should not disappoint.
Weird Probate Issues Part 7: Wills That Made People Smile
Here is another instalment of our popular series covering weird Wills, problematic probates, and the occasional disturbing departure from this world. If the following examples provoke a smile, they are intended to. But as always, behind the humour lies a serious point: Wills are legal documents, and their consequences can outlast the amusement by many years.
Weird Probate Issues Part 6: Strange and Unexpected Deaths
Death is a serious subject — but history has not been without its share of extraordinarily peculiar departures from this mortal coil. Our Weird Probate Issues series continues in its morbidly popular vein. Beyond the dark humour, however, each of these stories carries a practical estate planning message: death can be unexpected. The time to prepare is now.
Weird Probate Issues Part 5: What Celebrity Will Mistakes Can Teach Us All
Celebrity estates are public affairs. When something goes wrong, it goes wrong in full view of the world. The estate planning mistakes of the rich and famous offer the rest of us an invaluable education — at no personal cost. Here are thirteen cautionary tales and the lesson each one teaches.
When a Will Doesn’t Meet the Rules: Formal Validity and the Court’s Dispensing Power
Most people assume that a Will is valid so long as it reflects what the will-maker wanted. In fact, South Australian law imposes strict formal requirements on how a Will must be signed and witnessed before it takes effect as a legally binding document. Get the formalities wrong, and even a document that perfectly captures a person's wishes can be at risk of failing – unless the Supreme Court is persuaded to step in and rescue it under what is known as the dispensing power. This article explains what the formal requirements are, what can go wrong, and how the courts have been given a discretion to overlook defects in appropriate cases.
Weird Probate Issues Part 4: The Bottom Line
Some people are determined to have their final say. Our continuing series of eccentric last Wills and testaments proves that human ingenuity knows no bounds — even at the grave’s edge. Each story contains, somewhere beneath the absurdity, a lesson worth taking seriously.
Small Estates: When You Might Not Need a Full Grant of Probate
Many people assume that every deceased estate must go through a formal Grant of Probate before anything can be done. In reality, where an estate is modest in size and straightforward in nature, South Australian law and long-standing institutional practice allow for simpler, cheaper, and faster ways of finalising a person’s affairs. Understanding when a small estate can bypass the full probate process – and when it cannot – can save a grieving family significant time, expense, and paperwork.