The importance of testamentary capacity: a review of recent cases

03/09/2025 Testamentary capacity is commonly a topic of contention in estate disputes. Determining whether a testator had testamentary capacity at the time they made their Will is not always straightforward. Having your Will prepared by a reputable estate planning solicitor is a vital step in ensuring testamentary capacity has been considered.  Testamentary capacity refers to …
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Traps in being too strict in probity

Probity is central to Australian Government procurement. To achieve probity in a procurement process, some of the general principles for officials to be mindful of include: To help comply with these principles, there are now well-established probity practices developed and refined over the last three decades that should be used. These practices include the implementation …
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Informal Wills

The recent case of In the Estate of Jansen [2020] ACTSC 130 (26 May 2020) underscores the importance of obtaining legal advice in relation to the proper execution of Wills. In this case, a document in the conventional form of a Will did not meet the formal requirements of the Wills Act 1968 (ACT) (Wills …
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Changes to witnessing documents in NSW

The NSW Government have temporarily suspended requirements for documents to be witnessed in person, in light of COVID-19. Legislation passed last week (Electronic Transactions Amendment (Covid-19 Witnessing of Documents) Regulation 2020) allows certain legal documents to be witnessed by way of audio visual link. This means that NSW residents no longer need to leave their …
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kangaroos fighting

Can a dispute about a Deed, be resolved by the Deed in dispute?

The lessons from Rinehart v Hancock Prospecting Whether you’re confused about the heading of this article or identify with it – the question of how to resolve a dispute under a Deed is not always so simple. This was recently seen in one of the many legal battles plaguing the Rinehart family which ended in …
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Do I need a Will?

Nicole Platt Nicole runs Griffin Legal’s Wills and Estates practice and utilises her background in accounting to provide thorough estate planning advice. Do I need a will? YES! The answer is always yes! In every estate planning article you will ever read, the answer will be yes. Every person over the age of 18 should …
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New Year, New Will!

A new Will may not be the first thing on your new year’s resolution list, however it is very important to consider. If you do not have a Will or your circumstances substantially changed in 2016, the fresh new year is a good time to organise your estate planning. An outdated Will can be as …
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What you need to know about the new “medical research” function for an Enduring Power of Attorney

On 1 September 2016 the Powers of Attorney Act 2006 (the Act) was amended to allow a person (the Principal) to authorise their nominated attorney to make decisions about medical research matters involving ethically approved research when the Principal becomes a person with impaired decision making capacity. This authority is in addition to the existing …
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