NSW is the last State in Australia to introduce a process for Voluntary Assisted Dying, with the Voluntary Assisted Dying Bill introduced to the NSW Parliament in October 2021. We see great problems emerging in how Voluntary Assisted Dying rights are administered fuelled in no small measure by the following conclusions drawn from our initial review of the Bill…
In our experience, the mitigation of abusive conduct needs us, as a community, to move from passive Coping to active Caring at an earlier stage of the ageing of a person than is usually the case. It is not the role of the law to prevent abusive or coercive conduct. The law can provide remedies or redress when this conduct occurs. The search for mitigation, must look elsewhere for additional support…
There are several factors a person should consider when preparing their Will but one which in our experience many do not think of is – what happens if my Executor dies before completing the administration of my estate?
A trust is simply a rule book for the management of property by one person (the trustee) on behalf of another. Whether a trust can deliver wealth conservation or asset protection outcomes for a person, family or beneficiary group largely depends not only on the terms of the trust (the rule book) but how it is operated…
Dr Jane Lonie of Autonomy First summarises the STEP Webinar of 30 June 2021, in which panelists reviewed the key issues when undertaking a capacity assessment and establishing the need for an online course in testamentary capacity assessment.
It is a lawyer’s responsibility to take instructions only from those clients who have the capacity to instruct. But capacity is decision specific and can fluctuate over time. So how do you ensure that your client has the capacity to make the decisions you are asking them to? Zabina Naem has some tips…