Author Archives: andrew

Appointment of Enduring Guardians

With an aging population comes an increased need for us to plan for the future. This not only includes the making of a Will and power of attorney but also an appointment of enduring guardian. Nursing Homes, Hospitals and Aged Care Facilities have all placed an increased importance on such documents, with one of the […]

Practical Considerations when making Powers of Attorney

A Power of Attorney is a legal document where a ‘principal’ appoints an ‘attorney’ to act on their behalf in relation to their legal and financial affairs. When dealing with individuals, there are two broad categories of powers of attorney, namely: A General Power of Attorney which allows the attorney to act whilst the principal […]

Ademption – what is it and how to avoid it?

Ademption is a long standing common law doctrine. In a modern-day Will making context the doctrine of ademption is where a gift in a Will fails to pass to the nominated beneficiary as a result of the testator no longer owning that property at their date of death. Where an ademption occurs not only does […]

What’s needed for a valid Will in NSW?

In NSW the principal piece of legislation that deals with Will making is the Succession Act (2006) (the Act). Section 6 of the Act sets out the requirements of a valid Will, which include that the Will is: in writing; signed by the Will maker (or by someone at the direction of the Will maker); […]