Pets can be the silent mourners when a person dies. They don't know why their favourite person isn't there anymore or what has happened. The fate of the deceased's pets may become unclear while friends and family cope with their loss and legal obligations. Unfortunately, if appropriat...

This is one of the most significant cases in wills and trust law and continues to be applied in Australia, including New South Wales. The decision established the principle that if a beneficiary is an adult, has full legal capacity, and is absolutely entitled to trust property, they can demand th...

This case involved an application by Mr Robert Grant, who was acting as the trustee of a testamentary trust created under his late father’s Will. Mr Grant asked the Court for permission to vary the terms of the trust so that he could manage it more effectively. He wanted powers that weren&...

Inter vivos” is a Latin term which roughly translates to  “between the living.” An inter vivos trust is simply a trust that is created and takes effect while the person who sets it up (the settlor) is still alive. This is different from a testamentary trust, which is creat...

A testamentary trust is a trust that is created by a Will and only comes into effect after the person who made the Will (the testator) has died. It is a way of passing on assets in a more controlled and possibly protective way, especially if: The beneficiaries are minors or have disabilities ...