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Cover Story

Clearing the cloud

Practitioners and willmakers need to consider the management of digital assets in estate planning but may face challenges including a navigation of jurisdiction, individual company policies and practical considerations.

By Lizia Lim & Kathy Wilson

DIGITAL ASSETS

Feature Articles

Don't let it haunt you

PROFESSIONAL INTELLIGENCE

Don't let it haunt you

If there is one file that might be cross-examined, or come to be considered by a Supreme Court judge, it is a will file. It is important to take instructions for a will that won't come back to haunt you. 

By Mark Maier

Proof of death in the global age

PRESUMPTION OF DEATH

Proof of death in the global age

Where missing persons are believed to be dead, the burden of proving their death is significant. Now that we are in the digital age, the common law principles for establishing death require review. 

By James Daly

Where there's a will

WILLS & TESTAMENTS

Where there's a will

Following a recent Court of Appeal decision where the Court confirmed the trial judge's finding that suspicious circumstances arose to cast doubt on a willmaker's approval of his will, this article looks at processes that may assist solicitors when preparing wills for elderly or infirm clients. 

By Justin Rizzi and David Sonenberg

Beyond the four corners of the will

PROFESSIONAL LIABILLITY

Beyond the four corners of the will

With costs pressures and the commoditisation of will drafting, solicitors need to take a holistic view of estate planning. 

By Elizabeth A Michael

Containing the quantum of costs

ESTATE LITIGATION

Containing the quantum of costs

Plaintiffs can no longer assume costs will be paid from the estate, with an increasing tendency to apply general costs principles to unsuccessful Part IV claims.

By Lizia Lim

It's super important

SUPERANNUATION

It's super important

Failing to properly understand how superannuation is dealt with on a client's death may result in the client's intentions as to payment of superannuation death benefits not being followed. 

By Troy Palmer

A matter of trust

TRUSTS

A matter of trust

Legal practitioners who provide estate planning advice to clients where the financial structure includes one or more discretionary trusts* have different options to consider. 

By Greg Russo

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Publications Department

(for LIJ (Law Institute Journal) and LIV Directory and Diary inquiries only) Tel:(61 3) 9607 9319 Fax:(61 3) 9607 9451 Email: CFord@liv.asn.au Managing editor: Carolyn Ford. Sub-editor/publications coordinator: Mary Kerley. Journalist: Karin Derkley. Sub-editor/proofreader: Libby Brown. Art director: Katherine Alexander. Editorial & administrative assistant: Sophie Suelzle. Advertising: Lisa Crowle.

 

Editorial committee

Chair: Gerry Bean Members:  Tony Burke, Geoff Gronow, Melissa Macken, Chris Molnar, Cameron Ross and Carolyn Ford.

 

Editorial policy

All contributions and letters to the editor to be addressed to: Managing editor, Carolyn Ford, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001. Tel: (61 3) 9607 9319. Mob: 0406 004 935. Fax: (61 3) 9607 9451. Email: CFord@liv.asn.au. Views expressed by contributors are not necessarily endorsed by the Law Institute of Victoria. No responsibility is accepted by the Institute, the editor or the printers for the accuracy of information contained in the text and advertisements.

CAB audit logoLIJ (Law Institute Journal) circulation September 2014 12,785 - CAB audited.

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