Publications, Guidelines & Resources

The Online Resources Hub brings publications, guidelines, articles and other resources from across the Law Society Website to one centralised and searchable location. Searches can be made using the Common Searches buttons or by using your own search terms in the search bar.

If you have any resources that you would like to see added to the hub, please contact reception@lawsocietysa.asn.au
 
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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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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, 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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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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Jul 8, 2019 – 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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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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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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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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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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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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Jul 9, 2019 – Media Releases
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Jul 1, 2019 – The Society has recently launched a suite of documents to assist practitioners engaging in Wills & Estates work
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Jul 8, 2019 – 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 8, 2019 – Links and resources for commencing and managing your practice
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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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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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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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Jul 8, 2019 – Information for the community regarding the benefits of having a Will and why Wills are important.
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Jul 6, 2016 – A recent High Court case highlights solicitors duties when drafting Wills.
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Jul 8, 2019 – 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