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Testamentary freedom? Claims against the estate paper


This paper covers:

  • categories of claims against estates
  • category 1 claims and caveats
  • who can lodge a caveat?
  • revocation of grant of representation
  • incapacity
  • testamentary undue influence
  • category 2 claims introduction
  • current law
  • new law
  • role of representatives in relation to potential Part IV claims
  • what assets are in dispute?
  • prevention.

Author profiles

Thomas McMahon
Tom is is a Special Counsel in Litigation at Hall & Wilcox Lawyers in Victoria. Toms current practice includes; tax litigation, business relationship (companies, joint ventures and partnerships) dispute resolution, trust and estate dispute resolution, financial services related dispute resolution, general commercial litigation; and insolvency and restructuring. Tom has Bachelor of Laws and Economics from Monash University and is a member of the Law Institute of Victoria. - Current at 11 September 2014
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Emma Woolley CTA
Emma is a Partner in Private Clients at Hall & Wilcox Lawyers in Victoria. Emma has the primary responsibility for the personal and family business succession practice within the Private Clients team. She has extensive experience in the establishment and continuing administration of trusts and complex estate planning matters. - Current at 07 January 2015
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