Jul 1, 2019 –
The Society has recently
launched a suite of
documents to assist
practitioners engaging in
Wills & Estates work
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May 1, 2019 –
The risk of conflict of
interest is pervasive in
wills & estates matters
but will sometimes not
be obvious. Practitioners
should always give
sufficient consideration to
the possibility of conflicts
arising, even in apparently
simple situatio
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Nov 6, 2016 –
The recent decisions of his Honour Justice Stanley of In the Estate of Istvan Molnar [2016] SASC 55 and In the Estate of Istvan Molnar (No. 2) [2016] SASC 159 provide much food for thought for practitioners who draft wills and act as executors, as el
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Jun 6, 2012 –
Claims arising from wills and estate work appear to be on the rise in Law Claims. This area ranks fourth highest of the total notifications received in the last policy year.
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Feb 1, 2017 –
Several recent claims received at Law Claims have again underlined the crucial importance of being cautious and diligent in your everyday work. These claims, both against (different)
practitioners administering deceased estates resulted from mistake
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Dec 1, 2018 –
The commencement of an
IFP claim requires filing and
personal service within 6 months
from Probate. The manner
of service must be actively
monitored. A Summons in
support of an application for an
extension must be endorsed with
the request fo
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Jul 1, 2018 –
My office received a large number of complaints involving deceased estates. There are many reasons for them.
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Jul 1, 2018 –
One of the fundamental duties of the legal personal representative of a deceased person is to get in the assets of the deceased. The assets may include, for example, monies on deposit with banks, monies lent by the deceased to third parties, and inte
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Oct 6, 2011 –
It is fairly common for a legal practitioner to be appointed as an executor of an estate. However, some legal practitioners are unsure about whether they can charge fees for carrying out executor duties and whether accounts in which estate moneys are
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Jul 4, 2022 –
A Power of Attorney is a document which authorises another person to deal with many of your legal and financial affairs.
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Jul 4, 2022 –
The Wills Register is an initiative of the Law Society's Succession Law Committee and the aim is to provide a secure centralised register containing the location of South Australian Wills. It allows legal practitioners to quickly track down lost Will
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Dec 1, 2017 –
With people living longer, the issue
relating to a client’s capacity to give
instructions to make a Will has become a
more prevalent problem. Legal practitioners are having to keep up with medical developments on cognitive disabilities to be comfo
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Feb 16, 2018 –
Paper presented by the Honourable Chris Kourakis, Chief Justice of South Australia on Saturday, 17 February 2018.
In South Australia, section 8 of the Wills Act 1936 (SA) outlines the statutory requirements for
a valid will. In addition to the s
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Jul 6, 2016 –
A recent High Court case highlights solicitors duties when drafting Wills.
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Nov 6, 2017 –
The legal practitioner accepts a brief to carry out the instructions of his/her client to put in place their
testamentary wishes. These instructions may involve not only putting in place a Will but may also involve
putting in place other arrangemen
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Jan 1, 2012 –
THE public is being stung by do-it-yourself will kits that fail to meet legal benchmarks
and result in costly court battles, lawyers say.
Top family lawyers have reported a rise in inquiries from families who are sorting through the estate of loved
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Jul 4, 2022 –
Information for the community regarding the benefits of having a Will and why Wills are important.
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Sep 16, 2020 –
Checklists and templates for practitioners to assist manage risks
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Dec 15, 2021 –
Media Releases
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Sep 24, 2015 –
View all Law Society Submissions. To represent the interests of members and the wider community, the Law Society actively seeks to influence policy and legislation through submissions to government, opposition parties, the courts and other bodies eit
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Sep 18, 2015 –
The best way to highlight the benefits of working in the country is to hear from country practitioners themselves.
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Nov 14, 2019 –
Links and resources for commencing and managing your practice
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Jul 4, 2022 –
Collaborative Practice involves a written commitment by the lawyers and their clients to work together, collaboratively and in good faith, to negotiate a settlement. The clients agree that if a settlement can't be negotiated, then the case will be re
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