Can control and assets of a Family Trust be given as a gift in my Will? Reschke v Reschke [2017] SASC 192

This question was raised before the Supreme Court of South Australia in the case of Reschke v Reschke [2017] SASC 192, concerning a discretionary family trust called the Rocky Castle Trust (“Trust”), and the last Will of Mr Reschke (“Will”). It was generally accepted by the parties in dispute that it was not possible for … Read more

Mutual Wills: What Are They?

Mutual wills, also known as mutual will contracts, are wills that form a legally binding contract between two people that has the effect of: Having both of the wills drafted in terms that are agreed by the parties making the wills; and Prohibiting either party from revoking or amending their will without the agreement of … Read more

The Effect of Cognitive Impairment on Testamentary Capacity A Look at Re Will of Barlow [2014] QSC 7

Will of Barlow By Courtney Linton & Andrew Lind Issue What is the effect of mild to moderate cognitive impairment on testamentary capacity? The Supreme Court of Queensland has considered the issue. The Facts On 4 March 2008 Mrs Barlow executed a Will, replacing an earlier Will dated 5 October 2006. In the 2006 Will, Mrs Barlow’s house … Read more