When it comes to estates, there is an old saying, ‘where there’s a Will, there are 400 relatives’. We would all like to think that when we make a Will, respect will be given to our testamentary wishes upon our deaths. Unfortunately, this is not always the case. The Family...

Western Australia’s Family Provision Act legislation is often criticised as allowing for ‘litigious interference’ in a will maker’s final decisions about their estate. However, a recent decision by the Supreme Court of Western Australia has reaffirmed the benefits of this legislation in allowing the Court to ‘rebalance’ the effects of...

With the world in the midst of a pandemic and many economies facing recession, financial pressures continue to build especially for young families. Now more than ever, children are turning to the bank of mum and dad for assistance with purchasing homes, paying down debts or getting themselves out of...

Strictly speaking, a testamentary trust comprises of any trust created under the terms of a Will. However, in recent times, the term ‘testamentary trust’ is most often used to describe what is commonly known as a ‘discretionary trust’ contained within a will. These trusts are almost identical to regular family...

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