It is with a slight amount of introspection I write this Newsletter. I’m battling to not use a word other than “introspection” for fear of it appearing too negative or perhaps ungrateful. You see it’s the December Newsletter and that means another year has passed. Already!
In my practice I work with families who have lost loved ones often unexpectedly and often too young, so I really should be grateful that I can write this note. However, I still feel like time is passing a little too quickly for my liking.
The practice of the law is all consuming in many ways, but I imagine it is not the only career that is all consuming, especially if you want to be good at your career.
I am currently in Brisbane for a weeklong trial and hoping that justice will work its magic and my client will prevail. Every time I have a matter that I can’t manage to resolve successfully without having a trial, I am reminded of the extraordinary cost and risk associated with trials and how one should endeavour to avoid them at all costs.
Finding resolutions to difficult and acrimonious situations is a far preferable way to deal with disputes rather than end up in Court. Unfortunately, it cannot always be avoided, but I try hard where I can.
The Succession Act has now passed both houses of Parliament and will replace the Administration and Probate Act, the Inheritance (Family Provision) Act and the Wills Act once it is proclaimed. It is the most significant reform of the legislation that governs wills and estates in possibly fifty years.
I have referenced it previously and have some concern that it may cause an increase in estate litigation but feel we won’t know for some years as matters wind their way through Court and we learn how the Judiciary will interpret and apply the Act.
My suspicion is that blended families will be where there is an increase in litigation with stepchildren being able to bring claims against step-parents in certain circumstances. With the divorce rate in Australia continuing unabated, it will be the transfer of wealth between partners in second and/or subsequent relationships that will be open to claim for the first time. Planning ahead if you are in a relationship with a blended family with each partner having children from a prior relationship becomes even more important under the new succession regime.
I am hoping that the burden of acrimony does not visit you and hope that the upcoming Christmas period brings an opportunity for family togetherness, peace, and rest.
I’m intending to polish off my long-forgotten fishing skills as is my usual practice this time of year and see if our famous King George whiting would be pleased to join me in my watercraft!
I wish you all a safe and happy Christmas and look forward to returning in 2024 to try and make that year go by a lot more slowly! I might have to work on exactly how I make that happen over the upcoming break.
Christmas and New Year Shutdown
Please note that the offices of Ezra Legal will close over the Christmas and New Year period from midday on Friday 22 December 2023 and reopen on Monday 8 January 2024.
In the meantime, for urgent legal guidance or advice during this period, please telephone our main office number on (08) 8231 6100 and you will be re-directed to an on-call staff member, or email reception@ezralegal.com.au.
As we say… we’re here to help!
For information on the range of commercial legal advice and services that we provide, head to:
Michael Fabbro
Practice Principal
Ezra Legal
