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...
by mcauley_admin | Nov 23, 2022 | Publication
When someone dies unexpectantly, the media often say that “a report will be prepared for the Coroner”. But what does the Coroner do? And what are the powers of the Coroner? What does the Coroner do? The Coroner investigates certain kinds of deaths, suspected...
