Proving Testamentary Capacity

Capacity is a key concept when it comes to forming testamentary intent and creating a will. It means that you have a sound mind and memory, with an understanding of what you are doing. If you lack testamentary capacity, your will is almost always considered invalid...

Failed Tax Claim for Car Expenses

In the case of Reid and Commissioner of Taxation (2019), the Administrative Appeals Tribunal of Australia held that a taxpayer could not substantiate tax claims for car expenses using the ‘log-book’ method. The individual taxpayer worked for two employers as a...

What to Do If You Have Lost the Original Will

As discussed in last week’s article on the risks of informal wills, having a formal document outlining your testamentary intentions is a very serious matter. Without a formal will, you can risk having your estate distributed in a way that does not align with your...
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