Concerns about undue influence and mental capacity feature large in wills and estates practice. Here to unpack the practical red flags, interview techniques, and drafting-stage safeguards is Linda Hart, College lecturer, Principal at Solace Legal, Accredited Specialist (Wills & Estates), and a TEP. Linda outlines how to identify capacity concerns early, manage family pressure in the room, and build a defensible process that protects both client and practitioner if the estate is later contested.
Remote wills can be a useful tool. Justice McMillan in the Victorian Supreme Court authority Re Curtis gave guidance on the requirements of the remote execution procedure under s8A of the Wills Act 1997 (Vic). Tasman Ash Fleming, barrister and nationally accredited mediator (AMDRAS) and adjunct lecturer at the College of Law, provides commentary on this significant case.
The NSW Supreme Court's new Protocol Relating to Costs and Costs Capping in Probate Proceedings (‘Protocol’), effective 21 July 2025, represents a notable shift in estate litigation. It upends a long-held assumption: that should you be involved in estate litigation as an executor, you could expect an unqualified order of costs. We spoke to Josephine Pignataro, Accredited Specialist in Wills and Estates Law and Partner at HWL Ebsworth, to unpack these changes.
The findings of the Australian Probate Report reveal a profession at an inflection point: thousands of suburban and regional firms collectively handle an estimated $150 billion in annual inherited wealth transfers. What’s surprising is how distributed probate is, with most firms managing only two to three matters per year. For probate practitioners, this report offers a rare chance to compare notes with peers across the country.
What is it really like to be a Wills and Estates lawyer? We spoke to Phillip Briffa, an award-winning Wills and estates lawyer, about what his daily workload looks like. Along with some of the more memorable requests that he receives daily.
In light of the recent decision of Re Ioannidis: Gebert v Sarvos [2025] VSC 418, we spoke to Tasman Ash Fleming, Barrister and Mediator and Adjunct Lecturer at the College of Law, to navigate the complex issues surrounding copy will disputes.
The High Court has clarified the relationship between successive trustees in the recent decision of Naaman v Jaken Properties. Tasman Fleming, barrister and nationally accredited mediator (NMAS) and adjunct lecturer at the College of Law, reviews this significant case which addresses whether a successor trustee owes fiduciary obligations to a former trustee in respect of that former trustee's right of indemnity.
We caught up with Jonathon Naef, co-founder of multi-award winning boutique firm, Balance Family Law, to find out how he built the firm’s Wills & Estates team in response to both current and coming client demand in the space. It turns out family law and wills and estates can make the winning service combination…