The Succession Act 2006 (NSW) (“Act”) (s18) empowers the Supreme Court of NSW to authorise (or revoke) a will on behalf of a person who lacks testamentary capacity. Statutory wills …
March 2020 update
Dear clients and friends of Foulsham & Geddes We are taking the current situation seriously and expect further disruption to everyday life in the coming weeks and months. Like many …
Child Abduction & Alienation to Japan
A recent case has drawn international attention for the wrong reasons. Australian man, Scott McIntyre, was detained for 45 days in Tokyo, Japan for attempting to locate his children. Mr …
What is a garnishee order, and how can you use it to get paid?
The process of recovering sums of money owed to you can be a long one. It starts with a letter of demand and hopefully ends with payment. What occurs between …
Disclaimers and statements of belief
Foulsham & Geddes acted for the appellant vendors in Ireland v WG Riverview Pty Ltd [2019] NSWCA 307, who have had a stunning victory. This appeal, overturning a decision of …
Foreign beneficiaries and discretionary trusts
Does your family trust expressly exclude ‘foreign persons’ as potential beneficiaries? Chances are, it does not, and Revenue Ruling G010 (v2) from the NSW Commissioner of State Revenue suggests that …
The wedding is off, so who gets to keep the engagement ring?
We have all heard of the horror stories of the engagement ring getting flushed down the toilet, but what are your legal rights in the event the engagement is called …
Smartphones and the Family Court
We are always on them but can your smartphone assist your evidence in a Family Court case? And can you record your partner in a family law dispute without their …
The pitfalls of handwritten amendments on a Will
A will is an important document in managing your personal affairs and can, in many cases, be an effective tool in preventing costly litigation for your family after you die. …
Rights of beneficiaries under a will
As a beneficiary named in the Will of the deceased, you have the following rights. The right to see a copy of the Will. If you are a beneficiary named …
