FAMILY | TheBrief

family, wills & Estates

ANNOUNCEMENT - The Brief has officially launched in Australia and is now accepting submissions and press releases from legal professionals and PR

Is a significant change of circumstances enough any more to reopen final parenting orders?

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.

By Patrick Parkinson AM

electronic wills in australia - a brave new world

Electronic wills have increasingly grown in prominence in Australia. With the rise in the use of digital technology, it has created complex legal questions about the validity, execution and interpretation of electronic wills. It is important that electronic wills continue to reflect the formal requirements of a will and that any exercise of the dispensing power to allow for informal wills continue to uphold traditional principles in promoting testamentary intention. Although

By MaryAnn de Mestre

New qld trusts law has begun

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

By Mark Harley

Section 8 of the Succession Act 2006 (NSW) involves three key requirements

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

By Peter Allsopp

Reeves v reeves - guy moloney's 8 part farming succession epic

What did a farming widow mean to give her eldest son when referring in her will to “Dinga Dee”? She owned 21 lots of land which were roughly bisected by the main road from Stroud to Dungog. The lots north of the road contained one particular lot known as "Dingadee" but, together with several others, were collectively referred to as “the Dingadee lots." Why was it spelt wrongly in her Will? Had there been a mistake? If so, who had got it wrong – the elderly testatrix, or her s

By Guy Moloney

Reeves v reeves - guy moloney's 8 part farming succession epic