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Testamentary freedom? Claims against the estate paper

Published on 11 Nov 14 by VICTORIAN DIVISION, THE TAX INSTITUTE

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 of Hall & Wilcox Lawyers has extensive experience in advising clients in estate planning and estate administration, trust establishment and ongoing administration, trust estate disputes, and structuring for succession of ownership and control of private and family businesses. She leads Hall & Wilcox Lawyers Private Client practice. Emma’s clients include high net worth individuals, families and privately held businesses. - Current at 04 January 2018
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