What Is the Moral Duty Test in a Family Provision Claim?
The moral duty test isn't a standalone rule. It's how courts decide whether a deceased person made adequate provision for eligible family members. Here's what that actually means.
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The moral duty test isn't a standalone rule. It's how courts decide whether a deceased person made adequate provision for eligible family members. Here's what that actually means.
View PostSettling a family provision claim? Understand the CGT, stamp duty and Division 7A consequences before you sign. Practical guidance on tax implications for beneficiaries and executors.
View PostLearn how separation, divorce and death can collide in Australian law, and what business owners should do when family law property settlements intersect with contested estates and inheritance disputes.
View PostWhen death benefits in a blended family SMSF are paid to the 'wrong' person, what can you actually do?
View PostLearn how to remove a corporate trustee from your family trust, who has the power to do it, what documentation you need, and how to avoid costly mistakes.
View PostJudicial advice lets trustees get Supreme Court sign-off on contentious decisions. Learn when to seek court protection, how it works, and whether it's right for your situation.
View PostNot every estate issue needs a specialist, but some disputes will harm your position if you stay with a generalist. Learn when your family lawyer should step aside.
View PostLearn how super death benefit disputes move from trustee review to AFCA and court. Understand what evidence matters, who decides, and how to avoid losing on procedure.
View PostTrust property disputes demand swift action. Learn how to recognise misuse of trust assets, protect your interests, and respond when a trustee goes off course.
View PostDeath of a business owner triggers buy-sell agreement disputes over price, control, funding, and conflicting documents. Learn what executors and surviving shareholders must do early.
View PostUnderstand when courts can step in to resolve trust disputes or give trustees formal directions through judicial advice applications. A practical guide for Australian trustees and beneficiaries.
View PostWhen a family member dies owing an informal loan, proving the debt exists becomes complicated. Here's what executors, lenders and beneficiaries need to know about enforceability.
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