by mcauley_admin | Dec 6, 2022 | Publication
A Will can be challenged for all sorts of reasons. For instance, a Will may be a fraud. The person making the Will may have been the subject of undue influence. Or perhaps the person making the Will did not have the mental capacity to make a Will....
by mcauley_admin | Dec 5, 2022 | Publication
Approximately half of Australians do not have a Will, according to the NSW Trustee & Guardian. This figure is almost certainly an underestimation. A more realistic figure is that 70% of Australians do not have a Will. There are various consequences of...
by mcauley_admin | Nov 30, 2022 | Publication
A contract can be ‘illegal’ because it is prohibited by legislation or it infringes a rule of public policy. Prohibited by Legislation In order for a contract to be ‘illegal’ because it is prohibited by legislation, the contract must be expressly or impliedly...
by mcauley_admin | Nov 28, 2022 | Publication
There are many ways to challenge the validity of a Will. If a Will is successfully challenged, a Will can, in effect, be set aside or varied. The main ways of challenging a Will are to allege undue influence, fraud, forgery, lack of testamentary capacity and/or...
by mcauley_admin | Nov 25, 2022 | Publication
In simple terms, proportionate liability is a system which limits some types of civil liability. By way of illustration, if a manufacturer and a distributor are both responsible for faulty software, a system of proportionate liability might limit each of the...