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How do I get a copy of a will?

Posted by Reg Biddulph | Nov 24, 2017 | 0 Comments

(Last Updated On: November 24, 2017) There is no automatic right to get a will in Western Australia.If some dies and you are not sure whether you are a beneficiary of the will or not, how then do you get a copy of the will?This situation might arise, for example, if you were an (adult) child of ...

How do I revoke an Enduring Power of Attorney?

Posted by Reg Biddulph | Nov 01, 2017 | 0 Comments

(Last Updated On: November 1, 2017) Put it in WritingYou can revoke, or cancel, a Power of Attorney by giving your Attorney a written notice saying that his or her power has ended. Also, you may make a new Power of Attorney that states your previous Power of Attorney is now revoked (but you must...

The unsent text will on an iPhone.

Posted by Reg Biddulph | Oct 28, 2017 | 0 Comments

(Last Updated On: October 28, 2017) There was a great deal of publicity about the recent case where the court found that an unsent message on an iPhone was held to be an informal will and to take effect as a valid will. Here is a link to an article that explains why it is not a good idea ...

Testamentary Capacity

Posted by Reg Biddulph | Oct 27, 2017 | 0 Comments

(Last Updated On: November 3, 2017) Does a ‘mild cognitive disorder make a will invalid? This question arose in the case of Tandy v Glaskin that was determined by the Supreme Court of Western Australia on the 25th October 2017. The Facts Frank Cox married Eunice Cox in 1990. It was the seco...

What To Bring To Your First Family Law Appointment

Posted by Reg Biddulph | Oct 24, 2017 | 0 Comments

What to Bring To Your First Family Law Appointment Posted on October 24, 2017 Your first family law appointment can be daunting, but it is a good chance to obtain legal advice on your personal situation. We understand family issues are complex and you may not know what to bring to your first ...

Who gets Mum or Dad’s personal items?

Posted by Reg Biddulph | Oct 21, 2017 | 0 Comments

(Last Updated On: October 21, 2017) Somebody dies (Mum/Dad). They have a will. It says: “I give my household contents (or personal items) to my children to be divided equally between them” (or ‘to divide my estate equally between my children). But there is a problem: Mum/Dad was married for a s...

Biddulph & Turley Lawyers named in Doyle’s Guide 2017

Posted by Reg Biddulph | Oct 17, 2017 | 0 Comments

We are delighted to announce that Biddulph amp; Turley Lawyers have been recommended in Doyles Guide 2017 in the category of Leading Family amp; Divorce Law Firms in Western Australia. Our Lisa Turley was also recommended in the category of Leading Parenting, Custody amp; Childrens Matter L...

Superannuation Frustration….

Posted by Reg Biddulph | Oct 11, 2017 | 0 Comments

(Last Updated On: October 11, 2017) Super law should be amended so it is paid to the Deceased estate. In this case, the mother of the children should have accepted the offer. http://www.news.com.au/finance/money/costs/girlfriend-speaks-out-over-350000-inheritance/news-story/c3cd0fd1668210f27da6...

Texting a will

Posted by Reg Biddulph | Oct 09, 2017 | 0 Comments

(Last Updated On: October 9, 2017) Queensland Court has found that an unsent text message was intended to be a will and was admitted to probate. This is still not the preferred way of making your will and even a minor variation of the facts may have resulted in the will not being admitted.  You...

Can I put my super in my will?

Posted by Reg Biddulph | Sep 25, 2017 | 0 Comments

(Last Updated On: September 25, 2017) Most people commonly assume that whatever you say in your will determines how your superannuation is dealt with. This is usually NOT the case. Superannuation must be paid by the Trustees of the Superannuation Fund in accordance with the governing Trust Deed ...

Another Home Made Will Bites The Dust

Posted by Reg Biddulph | Mar 01, 2017 | 0 Comments

(Last Updated On: March 1, 2017) In Rhodes v Rhodes the Deceased made a will which said: “ALL MY WORLDLY GOODS TO MY EX WIFE WHO WILL DISTRIBUTE IT TO MY CHILDREN AS SHE SEES FIT.” Presumably, the Deceased and his ex-wife “got on well” (heard that before).  They had 5 children together and the...

Not all Family Provision Claims are Successful

Posted by Reg Biddulph | Feb 24, 2017 | 0 Comments

(Last Updated On: February 24, 2017) The very recent decision in MILLS -v- PILLER [2017] WASC 45 confirms a recent run of unsuccessful claims in the Supreme Court of Western Australia. The facts were that the Deceased died age 83.  She was dviorced and left five adult children who were all in th...

Gift or a Loan

Posted by Reg Biddulph | Dec 19, 2016 | 0 Comments

(Last Updated On: November 2, 2017) The Road to Hell is Paved with Good Intentions.[i] WILMS -v- WILMS [2016] WASC 396 In 1997, Harry was 57 years old. He had married (for the second time) in 1985. He wanted to buy a property. The property would cost $80,000 to buy. Because of his age a...

Superannuation Complaints Tribunal

Posted by Reg Biddulph | Dec 19, 2016 | 0 Comments

(Last Updated On: September 25, 2017) I have dealt with a number of Superannuation Death Benefit claims recently so it might be timely to make few comments about Superannuation Death Benefits. The common situations where disputes arise are: 1) there is a “blended family” (that is where the cur...

Recognition in Doyle’s Guide

Posted by Reg Biddulph | Sep 21, 2016 | 0 Comments

(Last Updated On: September 21, 2016) We are honoured to be recognised by Doyles Guide as a Recommended law firm for Wills and Estate Litigation in 2016 in Western Australia. Reg Biddulph was also recognised as a recommended “Leading Wills and Estates Litigation Lawyer”. A link to Doyles Guid...

10 Mistakes with Wills and Estate Planning

Posted by Reg Biddulph | Aug 07, 2016 | 0 Comments

(Last Updated On: September 21, 2016) Ten Most Common Mistakes Made with Wills and Estate Planning 1) Not having a will If you dont have a will, then you are leaving a problem behind for everyone. This applies even if you situation is ‘simple and doubly so if you die leaving a second wife or...

Can an unsigned will be valid

Posted by Reg Biddulph | Apr 08, 2016 | 0 Comments

(Last Updated On: April 8, 2016) Is a will that hasnt been signed or dated properly invalid? The easy bit first: a will does not have to be dated to be valid. In Australia, none of the Acts governing the requirements for a valid will require it to be dated. It is, of course, a very good idea t...

Should I use a will kit to make my will?

Posted by Reg Biddulph | Feb 19, 2016 | 0 Comments

(Last Updated On: August 7, 2016) “The making of home-made Wills can lead to problems. That statement is not a paid advertisement for the legal profession. It is a statement of fact. This case illustrates the point.” Per Master Sanderson Epps v Homer [2006] 290 The Background Mr and Mrs H. wer...

De facto and Revoking a Will

Posted by Reg Biddulph | Feb 12, 2016 | 0 Comments

(Last Updated On: February 12, 2016) Does the ending of a De Facto Relationship Revoke a will? In Western Australia, effective from the 9th February 2008, divorce has the effect of revoking a will.Prior to that time, a person might separate from their spouse, effect a matrimonial property set...

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