While the facts of a recent NSW Supreme Court case, G v G (No.2) [2020] NSWSC 818, relate to a financial manager appointed under the NSW Trustee and Guardian Act 2009 (NSW) and retail super funds, the decision that the fiduciary office has no authority to make a binding death benefit nomination seems to raise an interesting question quite relevant for SMSFs.
NSWSC
Mistreated parent → loss of inheritance
Can a child treat his/her parent badly and still expect a share of the parent’s estate? The latest case highlights the answer.
Can an email serve as a good notice under a contract?
Electronic communication is certainly the dominant method of communication nowadays and it is tempting to believe that in today’s modern society sending a simple email as opposed to a formal letter will surely serve as a valid notice under a contract.
Signing a deed: Are you wearing too many hats?
In a legal context we are often required to assume multiple responsibilities or assume multiple roles. For example the same person can be the shareholder of a company, a director or that company and even an employee of the company as well.
Vesting order used effectively in recent case
When a corporate trustee is de-registered, the corporate entity ceases to exist, but this does not mean that the trust is also “de-registered”.
Can a video will be admitted to probate?
Donna is a widow and is 85 years old. Due to her deteriorating health, she is unable to attend her solicitor’s office to make a formal Will. So she decides to record a statement on DVD, stating that she wants to give a special legacy in favour of her two daughters with the help of […]
Inheriting a property with a mortgage
You’ve inherited a property, but is the inherited property liable to repay the remaining mortgage debt? Your debts don’t die with you. They survive you and have to be paid from your estate. In the recent case of Winn v Harding, the New South Wales Supreme Court was asked to assess whether the gifted property […]
Estate equalisation by courts not so straightforward
In a 2015 court case a claim by the daughters of the deceased for an equal share of his estate was dismissed. It was taken that the daughters had been fairly treated even though their brother inherited significantly more. This sounds like a legal decision from another century but it seems that fair and equal […]