How does one attain a vested interest?

Serwin v Dolso[1] Many older wills include a gift containing a condition like: I give the rest and residue of my estate to Mr Smith provided that if Mr Smith predeceases me or dies before attaining a vested interest, I give the residue to Ms Brown. In this gift clause, what is [...]

2020-05-19T08:30:11+10:00May 19th, 2020|

Executors: seeking commission for your “pains and troubles”

Background Acting as the executor of a deceased estate can be time-consuming and onerous. In the majority of cases, the person appointed as executor is a family member (and often also a beneficiary of the estate) and is happy to take on the role without seeking any payment for their time [...]

2020-03-11T09:42:59+10:00March 10th, 2020|

Death and taxes – risk of personal liability for executors

Background A legal personal representative (LPR) is the person responsible for attending to all tasks required to administer the estate of a deceased person. An LPR has a wide range of duties and must take care to comply with the terms of the will (if applicable) and the relevant legislation when [...]

2020-12-16T13:57:00+10:00September 26th, 2019|
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