Updates to By Lawyers most frequently used precedents in NSW - Powers of attorney, appointments of enduring guardian, and the related documents

A recent case dealing with transfer duty on real property in deceased estates has been added to the wills and estates publications

Advance care directives made under the laws applicable in some other Australian states will now be recognised in Tasmania.

A new guide to Electronic Signing and Witnessing has been added to the Reference Materials folder on all By Lawyers matter plans.

The will precedents and library of clauses have been reviewed and updated to ensure clarity and uniformity across all the will precedents. Updates to the automation have also been made.

The commentary and precedents have been updated surrounding client details, verification of identity and source of funds to take into account the new Law Society requirements for authentication of client identity documents and monitoring of source of fund information.

Electronic conveyancing transactions require the practitioner to take reasonable steps to identify their clients.

Two new Supreme Court cases have been added to the By Lawyers reference manual 101 Succession Answers (QLD).

From 1 August 2023 most applications for an uncontested grant of representation must be applied for and filed online. The lodgment platform

The By Lawyers Trusts guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...

Court of Protection applications have been given their own guide containing commentary on making an application, deprivation of liberty, managing and terminating a deputyship. The matter plan contains all the letters and forms necessary for this work.

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?

Following a request from a user, a new clause, Immediate post death interest in property, has been added to the Wills matter plan, in the Library of clauses contained in the C. The Will folder. The new clause allows for the grant of an immediate post death interest in a property to a partner, whether they are unmarried, married, in a civil partnership. An option for the interest to revert to children on either the death of the partner or their marriage or cohabitation has also been included. Comments and feedback are always welcomed, particularly if other clauses would be useful.

The Powers of attorney, advance decisions and court of protection commentary has been enhanced covering the creation and registration of lasting powers of attorney in greater detail. We have added discussion of the finer points of how and when the documents should be signed, as well as giving more information about using the online portal. We invite you to explore this updated publication. Comments and feedback are always welcomed.

Legislation has now come into force permitting wills to be executed and witnessed using video-link facilities. The legislation has retrospective effect, meaning that any wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. The Wills commentary includes detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed.