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.
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…
Major reforms to South Australia’s succession laws came into force on 1 January 2025. The new year saw the repeal of three Acts (the Administration and Probate Act 1919 (SA), the Inheritance (Family Provision) Act 1972 (SA) and the Wills Act 1936 (SA)), replacing these with a single Succession Act 2023. These are the most significant changes to be made in 30 years, Lawyer Megan Horsell outlines what you need to know.
Tasman Ash Fleming, a barrister and accredited mediator (NMAS), highlights the importance of considering what is the purpose of the order sought. This article looks at the recent decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (‘Hagendorfer’) and addresses potential risks and provides guidance for practitioners to mitigate these risks.
Navigating the legal world requires a sharp mind and empathy – especially in matters of succession law. Krystal Bellamy, a Special Counsel at HopgoodGanim Lawyers and College of Law LLM graduate, naturally embodies these traits, which have served her well as a Wills and Estates lawyer. Krystal shares the key to thriving in what some would consider a ‘morbid’ field.
In this practice update, we will explore recent judicial guidance from Jurak v Latham [2023] NSWSC 1318 regarding Notices of Claim and the role they play in family provision proceedings. Here to guide us through the case is Josephine Pignataro, Special Counsel and Accredited Specialist (Wills & Estates).
In this practice update, we delve into the legal grounds for removing an executor, a situation fraught with potential conflict and complexity. Barrister and adjunct lecturer at the College of Law, Tasman Ash Fleming, offers insights on the most common reasons for executor removal, from conflicts of interest to financial mismanagement. We'll explore the legal process for challenging an executor and the importance of clear evidence to secure a court order in Victoria.