Wills & Estates

Can a superannuation benefit be paid into the estate after a member passes away?

There may be an obligat...

Do you need to use particular words in order for a trust to be valid?

There is no requirement that certain words be used when creating an express trust, but as Richard J stated in Foreman v Hazard [1984] 1 NZLR 586, an express trust can be impressed in two w...

Who is eligible to become a trustee?

Any person who has capacity to own property can undertake the role of trustee.

Beneficiaries also have the ability to act as a trustee, however, sole beneficiaries cannot hold the position...

What should be in a valid will?

Before looking at the circumstances when the Court may be able to dispense with the formalities of executing a valid will, it may be useful to first look at what are the requirements for executing ...

How are trustees appointed?

Trustees can be appointed via the express terms of a trust instrument, statute, or by the courts.

Appointment by a trust instrument: trustees appointed upon the creation o...

What is a testamentary guardian?

A testamentary guardian is a person who is responsible for taking care of the child’s daily and long term needs if there is no surviving parent, and there are no other court orders stating wh...

What factors are considered in determining whether an adequate provision has been made?

Depending on the jurisdiction, a number of factors will be considered in determining whether adequate provisions have been made from the estate. However generally speaking, the considerations may i...

How do I make sure that I am leaving a gift in my will to the correct charitable organisation?

It’s essential to confirm that the details of the charity you intend to leave a gift for in your will is correct. This will ensure your donation is received by the charity of your choice, and...

Can a trustee be removed due to unsatisfactory performance?

In circumstances where a beneficiary is dissatisfied with the performance of a trustee, the beneficiary can petition the court for the removal of a trustee and another trustee may be appointed.

What is an illegal trust and can illegal trusts ever be enforceable?

Most people who create a trust probably for the most part wouldn’t consider the wider public policy implications. However, trusts that are contrary to public policy, and which are considered ...

Is there a moral duty for a testator to make a provision to family members?

No Australian jurisdiction compels a person to fulfil a ‘moral duty’ in making provisions to family members. However, the courts have traditionally applied the concept of a moral duty i...