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Legal Issues Arising from Powers of Attorney: Key Case Insights estate estate planning estates power of attorney Nov 13, 2024

Powers of Attorney are legal instruments that allow an individual (the principal) to appoint another person (the attorney) to manage their financial and legal affairs. While the Power of Attorney is a vital tool for estate planning, its misuse can lead to significant legal disputes. This blog...

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Attempting to sever a joint tenancy by relying on a Power of Attorney estate planning estates power of attorney property real property act Nov 10, 2022

If you are appointed as a substitute attorney under a Power of Attorney, ensure that you are validly entitled to act if the first appointed attorney is unable or unwilling to so act, and that you are acting within the scope of your designed power.  These issues, and more, were...

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Acting under a Power of Attorney estate planning estates power of attorney real property act Nov 13, 2020

The Equity Jurisdiction of the Supreme Court handed down a decision on 23 October 2020 in relation to legal issues in the areas of Estate Law and Property Law. Several properties which are of importance in the case are located in the Sutherland Shire.

Guirguis v Girgis [2020] NSWSC 1468 (23...

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Need advice or direction when acting under a Power of Attorney? estates power of attorney Nov 13, 2018

If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the Supreme Court regarding the exercise of any function.  Once that advice is received,...

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Questions to ask yourself when making an enduring power of attorney estate planning estates power of attorney Sep 05, 2017

An enduring power of attorney is a powerful document.

In the case of Szozda v Szozda [2010] NSWSC 804, the Supreme Court explained 2 fundamental questions that clients should ask themselves when making an enduring power of attorney:

"First, is it to my benefit and in my interests to...

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