The witnessing requirements for an enduring power of attorney have now changed.

The signing of an enduring power of attorney by the principal (the person giving the power) must be witnessed by two people

From 1 September 2015, new powers of attorneys will come into effect in Victoria.

Congratulations to Facebook for introducing a system to allow some management of a person’s Facebook account after the person’s death.

In Victoria the law prevents a person who has unlawfully killed another person from benefiting under the deceased person’s will.  This is called the Forfeiture Rule.  An exception applies where the killer is found not guilty by reason of mental impairment.

Victoria now has legislation which adopts the provisions of the UNIDROIT Convention Providing a Uniform Law on the Form of an International Will.

You may think your succession planning is complete if you have prepared a will, successive appointors to your trusts and appointed a Power of Attorney. But it’s not!

The Victorian government passed the Justice Legislation Amendment Act on 16 October, just before the deadline was crossed before it moved into caretaker mode.

The Act includes significant amendments to the laws governing the contesting of wills, that is, claims by those who consider that a will has not properly provided for them.

When people talk about their estate plan the first thing that usually comes to mind is their will. Most of us are pretty good at making plans for what happens if we die but more often than not we fail to plan for the possibility of losing capacity.

The fiduciary duty owed by an administrator of an estate, and the need to leave a will, were graphically illustrated in a recent Queensland Supreme Court case (McIntosh v McIntosh (2014) QSC99).

There are a wide variety of events that should prompt you to review your succession plans: for example, the ageing of an executor appointed in your will; the arrival of children or grandchildren; the breakdown of a child’s marriage; the threat of some commercial misfortune to a child; the graduation of a child into a professional career; or a resolve to assist a needy charity.

It is important for people of all ages to plan for potential future incapacity. Incapacity can arise from illness or injury and can be temporary or permanent. If you lose capacity, your family will not have the ability to make financial, medical and lifestyle decisions on your behalf