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In this case note, Simon Crawford and Matthew Carlei discuss the recent Supreme Court of Victoria decision of Re Miglic. The Court in this case found that there was a binding wills agreement between a deceased husband and wife, despite this agreement being verbal only, and the only two direct witnesses to the agreement, being the husband and wife, being deceased at the time when the Court had to determine whether it existed. This case is important as it points to the evidence that the Court will look to in order to determine whether a binding will agreement exists. Given the dispute surrounding the existence of the agreement, and the stakes involved in this case, this judgment serves as a reminder to appropriately document any binding will agreements to avoid expensive, protracted and painful disputes in relation to your will, after you pass away. Click below to read more.

⚰ Death 💰 Taxes 😝 Me writing about something bizarre In 2020, a Queensland man made headlines for becoming the world's first 'coffin confessor'. For a fee, he will show up to your funeral and divulge your secrets, reveal your true love, tell people to leave, or whatever else you like. See here: https://lnkd.in/gVPqgjWd. I have to say, the entrepreneurial ingenuity impressed me. As a contract lawyer, I was intrigued by the entire concept. The service could (and perhaps often will) involve indiscrete disruption of a funeral service, which in some states is outright prohibited and in others is likely to be indirectly prohibited through disorderly behaviour offences and the like. In my latest article in the Alternative Law Journal, I explore the unusual question of whether and how contracts for such 'coffin confessions' services might be deemed unenforceable on the basis of either the illegality doctrine or principles of public policy. The article is available open access thanks to Sage Publishing and can be read here: https://lnkd.in/g-CYUUTn. Have a squiz and let me know what you think!

A Last Will and Testament is an important legal document that expresses your desires for how your assets will be distributed and how your dependents will be cared for when you die away. That being said, conditions do alter over time because life is dynamic. As a result, it's crucial to regularly check and update your Will to make sure it still appropriately reflects your goals and situation today.  Read on for more insights by Melissa Machua, LLM, MCIArb, CPM (MTI) here https://lnkd.in/dWNj567M #CMAdvocatesllp #willsandtrusts #successionplanning #familylaw

Not sure where to commence proceedings on behalf of your client? Want to learn more about which forum is appropriate, and if Australia is clearly the inappropriate forum to commence proceedings? Read my article on this topic. https://lnkd.in/gMPECgyK

A recent family court decision determined that property transferred to a trust before a de facto relationship begins can still be considered relationship property on separation. Mr. Sutton and Ms. Bell were in a de facto relationship for approximately 7 and a half years. Before their relationship started, but after Mr. Sutton began seeing Ms. Bell, he transferred his home into a newly settled trust. Upon their separation, Ms. Bell applied under Section 44 of the Property (Relationships) Act 1976, claiming that Mr. Sutton had transferred the property to defeat her potential claims under the Act. The Court ruled that Section 44 can apply to property transfers made before a de facto relationship begins if there was a clear intention to start a de facto relationship when the transfer was made. To find out more about this decision and Section 44 of the Property (Relationships) Act 1976, click the link below. #defactorelationships #propertytransfers #familylaw

The earlier you seek advice about inheritance matters, the better. As a beneficiary, you have rights. Get informed about your position and have a lawyer address any concerns promptly. Book a consultation with Bechelet & Co. to understand and secure your inheritance. 📝 Tel: (08) 6278 1538 📞 Email: hello@bechelet.co ✉️ https://lnkd.in/g_NG9QRC #InheritanceRights #BeneficiarySupport #LegalAdvice

🗣️FAQ: What Is A Testamentary Trust? A testamentary trust is included in your Will and only goes into effect after your death. It’s typically put into place when you want to leave certain assets to a beneficiary at a specific date in the future. . . . #TestamentaryTrust #EstatePlanning #WillAndTrust #FutureAssets #GrissomLaw #LegalPlanning #EstateLaw #TrustLaw #WealthManagement #AskGrissomLaw #JohnsCreekGA #FultonCountyGA

#waroverwills Disputes over Wills are emotional and difficult for all concerned. Successful mediation yesterday dealing with a multitude of claims:- 🔹maintenance claim under the Inheritance (Provision for Family and Dependants) Act 1975; 🔹a secret trust; 🔹and a potential challenge to the validity of the Will. Thanks to mediator Mark Keeley for skillfully navigating the parties throughout the day to a final resolution 👍🏻 #contentiousprobate #TheEMWway

At Your Law, we understand that planning for the future is an expression of love and responsibility. We offer specialized services in:    ✅ Last will and testament.    ✅ Inventory and acceptance of inheritance. We guarantee a clear and efficient process to ensure your loved ones are protected. Let's talk about securing the legacy that truly matters! 🌐🔐 #YourLaw #EstateLaw #HereditaryPlanning

Monday Minute There have been two significant cases recently reported on which both deal with undue influence. These cases are important because there are very few undue influence cases that ever reach court. Undue influence is when someone is coerced into making a will that they wouldn't otherwise make. This can include physical force or mental pressure. The long running case of Rea v Rea [2024] EWCA Civ 169 concluded in the Court of Appeal in February of this year. The case involved the 2015 Will of Anna Rea who died in 2016. Her Will left her property, the main asset in her estate, to her daughter Rita. The Will was challenged by Anna’s other children on the basis of lack of testamentary capacity, lack of knowledge and approval and undue influence. The Court of Appeal hearing was the 5th round of litigation in this estate. The High Court had found that the Will was invalid due to undue influence but the Court of Appeal overturned this and found the Will to be valid. The judgement included the following note on undue influence: 'the circumstances must be such that undue influence is more probable than any other hypothesis. If another possibility is just as likely, undue influence will not have been established. When making that assessment, moreover, it may well be appropriate to proceed on the basis that undue influence is inherently improbable.' Rea v Rea has arguably re-confirmed the law in relation to undue influence and reduced the evidential burden from requiring undue influence to be inconsistent with any other hypothesis (as previously) to requiring undue influence to be more probable than any other hypothesis. https://lnkd.in/eHrbamcQ