The principle of legality is a common law interpretive rule that requires legislation is not interpreted as removing or restricting fundamental rights unless unmistakably clear words are used to demonstrate that intention. In many cases where the principle of legality has been deployed have...

Many things can change between the drafting of a will and the death of a testator. One increasingly common event is that testators require specialist aged care and their only substantial asset – the family home – is sold to fund that care. These arrangements can have an unexpected impact on...

The power to choose an executor is an important element of testamentary freedom and there is strong authority that courts will not easily set aside the choice of executor of a deceased person. But it is equally clear that the courts may do so when it is in the best interests of the beneficiaries...