22 February 2018

The forfeiture Rule on the front pages




As we reported late last year on this particular story we were very pleased with the decision in this case as we acted for the beneficiary who ultimately received all the estate. As we said then, we say again now – it was the right decision of the Court. Inheritance is very often a strange […]

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6 February 2018

How to go about challenging a Will and what to consider




Contesting a Will has a number of names: challenging a Will, estate litigation, making a claim under the Family Provision legislation or a Testators Family Maintenance Claim.  Some of these are the same, but within a Will challenge there are many possible types of challenge. The main type of challenge overwhelmingly is a Family Provision […]

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5 February 2018

Who can contest my Will and how do I best protect against estate litigation?




When it comes to who can actually challenge your Will in WA, the list includes parents, married spouses, de facto spouses, ex-spouses in some cases, children, grandchildren and step-children.  Notably absent are siblings, cousins, carers, friends and everyone else.  If they are not on the above list, they cannot challenge under the Family Provision Act. […]

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1 February 2018

The power of an Advance Health Directive




A remarkable article from the New Yorker here, deeply troubling, horrifying but also one that probes very significant questions on when a person is dead, or not. A young girl suffers irreversible and catastrophic brain injury from what looks like medical malpractice from a tonsillectomy, in a California hospital. Which is horrifying enough, but then […]

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15 December 2017

What is defamation in 2017? The Rayney chronicles.




2017 has been a very interesting year for defamation cases involving public figures. In June we saw Rebel Wilson succeed in a record breaking defamation case against a magazine publisher, Bauer Media, in Victoria over a series of articles that the Hollywood actress claim damaged her career by depicting her as a serial liar. In […]

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14 December 2017

The 2017 wrap – do these legal changes impact you?




2017 saw some notable and important changes across the legal landscape this year.  We’ve summarised some of the key changes having the most impact on our clients on both the personal and business fronts. Litigation v mediation – across the whole spectrum of litigation, we are seeing a more concerted push by the Courts and the legal […]

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14 December 2017

Are same sex marriages prepared for the change?




Same sex marriage is now a reality, and as we all know, it represents a huge cultural change for the country. Now that the dust has settled a bit, people are turning their heads to the practical effects of this massive cultural change. I am a succession lawyer by profession, but also by nature.   The […]

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23 November 2017

Will the rest of Australia follow Victoria’s lead?




Big news in Victoria yesterday, which is about to make Australian history by becoming the first State to legalise voluntary euthanasia, after the bill was passed in a 22-18 conscience vote in the Upper House late yesterday. In an epic 28-hour sitting, it was agreed that, under the strictest of circumstances, terminally ill Victorians would […]

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22 November 2017

The Billion dollar estate appeal




Handed down today, was the case of Lemon v Mead (2017) WASCA 215. The Court of Appeal have found that Master Sanderson, who made the first decision to increase Ms Mead’s provision from the Will of her late father (iron ore magnate Michael Wright) from $3m to $25m, exercised his discretion incorrectly. The Court of […]

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15 November 2017

Can a wrongdoer benefit indirectly as a result of crime?




In a decision handed down on Monday and published by the Supreme Court yesterday, these are the catchwords of the case of Public Trustee (WA) v Mack (2017) WASC 325. I am very fortunate to be the solicitor representing the Second Defendant in this matter, who ultimately is the party who benefits from the decision.  This is […]

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OUR THINKING

We’d like to point out that the content within these posts is our opinion and must be treated as a guide only.

The content is subject to change, and is general in nature and may not take into account your particular circumstances. If you are unsure about any of the information within this blog, or would like more information, simply contact us on info@solomonhollettlawyers.com.au.

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