Section 8 of the Succession Act 2006 (NSW) involves three key requirements. Powell JA outlined a systematic approach in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56] to guarantee that the document aligns with the deceased’s true testamentary intentions. A ‘document’ must first exist - defined by s 3(1) of the Succession Act; reference is made to the broad definition of a "document" under s21 of the Interpretation Act 1987 (NSW) including: Physical records: Handwritten

Section 65DAAA brought about material changes to the application of the rule in Rice & Asplund, as I explained here a few months ago. In Radecki & Radecki [2024] FedCFamC1A 246, the Full Court sought to resolve the problems created by the new section, boldly asserting that because the Parliament intended to make no change to the law, therefore it didn’t. The s.65DAAA quandary However, it is now quite clear that the statute has brought about a substantial amendment to the law.

The Trusts Act 2025 (Qld) officially commences today, 28 April 2026. This is the most significant reform to trust law in Queensland in over 50 years, replacing the Trusts Act 1973 (Qld) which has governed trusts in this state since before most current trust structures were established. If you are a trustee, a beneficiary, a business owner operating through a trust, or an adviser to any of those people - this affects you. Here is what you need to know. What Has Changed and Why