The 2022 NSW Supreme Court case, Dybac v Czerwaniw, offers a stark reminder of the complexities of testamentary capacity. The testatrix, Apolonia Czerwaniw, executed a new will just before emergency surgery, dramatically reversing her 15-year intention to split her estate equally between her two children. The “Change of Will” gave her entire estate substantially to her son. The...
In an unexpected — and very welcome — surprise, the Probate Office has just set a new internal record for speed. Earlier today, we lodged a Letters of Administration application at 1:03pm. By 1:54pm, the Grant had been approved and issued — a turnaround time of just 51 minutes. While most Grants take several days...
As the festive season winds down and the faint aroma of burnt credit card statements wafts through the air, we in the legal profession brace ourselves for what we affectionately call the ‘post-Christmas will rush’. It’s a beautiful time, a true “Boxing Day epiphany” when families suddenly realise it’s time to sort out their affairs,...
In a landmark development for supported decision-making, the Victorian Government has introduced the Supportive Power of Attorney (SPA) under the Powers of Attorney Act 2014 and the newly updated Powers of Attorney Regulations 2025. This innovative legal tool marks a significant shift toward recognising and enabling the autonomy of people who may need assistance to...
The Silence of a Home Full of Memories The silence in a large family home, once filled with the vibrant chaos of a growing family, can become a heavy, palpable presence. For many adult children, this silence is the soundtrack to a slow-burning anxiety: a parent, now in their 80s or 90s, living alone in...
In our connected world, it’s increasingly common for Victorians to have a footprint that spans the globe. You might own a holiday apartment on the Gold Coast and another in Queenstown, an investment portfolio in New York, or shares in a London-based company. This global reach is exciting, but it adds a layer of complexity...
From banking to booking holidays, our lives have moved online. So, why should estate planning be stuck in the past? The COVID-19 pandemic pushed many aspects of our lives into the digital realm, and the traditionally paper-heavy world of wills and estates was no exception. This shift has sparked a nationwide conversation about electronic wills,...
Estate planning is one of the most important, yet frequently overlooked, aspects of managing your financial affairs. It’s more than just drafting a will; it’s a comprehensive process of arranging your affairs to ensure your assets are managed and distributed according to your wishes, both during your life and after you’ve passed on. For Victorians,...
Losing a loved one is one of life’s most challenging experiences. Amid the grief, there are practical steps that need to be taken immediately following the death, especially in Victoria where legal and procedural requirements must be followed. At Hayton Kosky, we regularly guide clients through this early stage of the estate administration process, and...
The death of a loved one often brings not just grief but legal and practical complications—particularly for executors who are tasked with administering the deceased’s estate. One of the most difficult and emotionally charged issues that can arise is when a person, often a family member or beneficiary, refuses to vacate a property that forms...
