A recent case in Western Australia, Drake v Bradshaw (2018), has re-emphasised the importance of making family provision claims within the statutory time limit. It also illustrates what might persuade a court to exercise its discretion to extend the time limit for making a claim or, in this case, not to.
Szabo & Associates News & Updates
As most people will know, superannuation (“super”) is the arrangement put in place by the Australian Government to assist people to accumulate a fund to provide an income in retirement. On the death of a fund member, a death benefit can be paid to the dependants of the superannuation fund member, often in the form of lump sums.
Individuals who undertake managing the estate of a friend or family member as an executor could face expensive bills personally.
Alexander James (Pty) Ltd entered into a five-year lease for a retail premise in Queen Street, Woollahra, in the Eastern suburbs of Sydney. To protect continuity of tenure at the end of the lease, they agreed a lease option with the landlord Pozetu (Pty) Ltd.