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Soon to be published are:

  • Business / Franchise Sale and Purchase, WA
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  • Enforcement, QLD
  • Estates, WA
  • Motor Vehicle Accident, VIC


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Questions & Answers

For the week - 18 July 2014

Question 1

Are the children of a deceased parent able to make a claim on their deceased grandfather's estate? Under the grandfather's will there are distributions to aunts and uncles but it excludes them and their deceased parent. They did not live with the grandfather nor where they dependent on him.
(NSW question)


Grandchildren are only "eligible persons" if they were, at any particular time, wholly or partly dependent on the deceased person. See section 57 of the Succession Act.

Question 2

Our client is the Executor of an Estate and is currently in France.

He will be unable to sign the Contract of Sale for the sale of the estate property or the Transfer of Land and would like to delegate that power to me as his solicitor.

I understand it cannot be pursuant to a General Power of Attorney but pursuant to a Power of Attorney re: Section 30 of the Trustee Act. Do you have a precedent for this?
(VICTORIAN question)


You should adopt the standard Enduring Power (Financial) authorised by the Instruments Act and add reference to the authority provided by s.30 of the Trustee Act.

The Trustee Act power is supplemental to the Instruments Act power.

There is a precedent in the Wills and Powers of Attorney Guide.

Question 3

There are 2 purchasers on an exchanged contract and one needs to come off. Is duty payable by the person not being a purchaser anymore? What about the other way around?
(NSW question)


See section 18 of the Duties Act for when nominal duty applies to transfers not in conformity with the contract.
If it is a sub sale the normal duty considerations apply.

View Mentor Knowledge Base in full.

Mentor Knowledge Base is a collection of questions and answers that have been raised through Mentor Q & A on the Smokeball site.








Areas of law

For specific publications, see guides. Our products cover the following areas of law on a state and federal basis, as appropriate:

  • 1001 Conveyancing Answers
  • Bankruptcy and Liquidation
  • Business Conveyancing
  • Companies, Trusts, Partnerships and Superannuation
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  • Conveyancing
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