Testamentary capacity is a gauge of the mental faculties of a testator when they create their will. A testator must be of competent mind, understanding, and memory in order to make a valid will. All testators are assumed to have testamentary capacity until it is proven that they do not. Whether or not a client has […]
The Powers of Attorney Act 2014 commenced on 1 September 2015. Are the previous Powers of Attorney valid and how can the Principal revoke them? Enduring powers of attorney (financial) and enduring powers of guardianship properly made before this date are valid. Revocation of enduring power of attorney (financial) A person who made an enduring […]
It is often that that a marriage or a divorce automatically revokes a will. Is it so? Marriage Section 13 of the current Victorian Wills legislation deals with the effect of marriage on a will. Marriage revokes a will unless the will was made in contemplation of that particular marriage. The contemplation need not be […]
A reseal is necessary as the personal representative appointed (executor or administrator) by a grant in a foreign jurisdiction cannot deal with assets in Victoria, although enquiries should first be made with asset holders as some, such as banks and share registries, may accept a grant from another jurisdiction together with satisfaction of other requirements. […]