Archive for August, 2015

In the case of Calvert v Badenach, decided in July in Hobart, Tasmania, it was found that a Solicitor’s duty of care when advising a Testator extended to beneficiaries and potential beneficiaries. In that case, a Solicitor advised a client about making their Will, but failed to give any detailed advice about a potential Family Provision Application that could arise from the Testator’s disenfranchised daughter. The Testator left the bulk of his estate to a friend who was ...

Justice Lindsay of the Supreme Court of NSW, in the case of Re Estate of Wai Fun CHAN, on 7th August 2015 admitted a video made by a dying Chinese woman, to Probate. The 85 year old widow had made a formal written will two days earlier with her Solicitor, leaving her estate equally between her 8 children. She later decided to leave a larger share to her two children who were resident in NSW, and therefore made ...