
Show Notes
If a relative asks you to be the executor of their will, should you accept? What can go wrong and what do you need to know before you agree to take on the role? When disputes arise, executors are the ones left to clean up the mess, often navigating difficult family dynamics. And saying yes to being an executor can make you personally liable for someone else's debts. Sydney lawyer Donal Griffin explains what the job involves, from settling the deceased's tax and debts to the risk of being held personally liable if you distribute too soon and a claim lands months later. He also covers the conflicts that arise when the executor is also a beneficiary, and the odd habit of people naming politicians and public figures they've never met to run their affairs. The Law Report's special series Over My Dead Body explores the challenges faced by executors when finalising and distributing an estate. This conversation does not represent or replace legal advice.
More from Law Report
A High Court decision raises important questions about access to healthcare for prisoners after it ruled that a Queensland woman serving a 10-year sentence is entitled to have her eggs frozen. Queensland Corrective Services had unsuccessfully argued that egg freezing is a form of assisted reproductive technology which, under state law, is not available to prisoners. The Law Report explores whether prisoners receive the same range and quality of health services as the general population. And if not, what are the policy reasons and practical obstacles?
What impact does 'fake news' have on public discourse, democracy and the justice system? And how can governments and journalists meet the challenge? A former judge, a journalist turned researcher and a political strategist shine a light on democracy in the age of misinformation and disinformation. Listen to a panel discussion moderated by the Law Report's Damien Carrick in Melbourne this month, organised by Liberty Victoria and ABC Friends.
When OpenAI agents gained unauthorised access to the Medicare data portal, Prime Minister Anthony Albanese said he was extremely concerned about the privacy breach. But are there any legal consequences? Could OpenAI be prosecuted for the hack? Could it be liable in a civil action? As the technology develops at breakneck speed, the Law Report discusses what guardrails are necessary to keep people and data safe in the age of AI and social media.
Concerns over privacy breaches linked to smart glasses are seeing authorities around Australia move to restrict where they can be used. Western Australia has announced a complete ban in public schools, which takes effect next month. Local councils are also taking action, with the City of Randwick in Sydney investigating whether it can prohibit smart glasses at public beaches. And the Federal Government is considering restriction in Commonwealth workplaces. But how effective is regulation at this level and do we need a different type of legal response? Also in this episode: if you don't pay your gambling debts to an unlicensed bookie, can they take you to court to recover the money?
The Victorian government has pledged to implement a raft of reforms around domestic and family violence if it is re-elected in November. One promise is to introduce a new manslaughter offence in cases where a person is found to have taken their own life due to family violence. So, is it currently possible to convict a person of murder or manslaughter if they goad or encourage their partner to die by suicide? This has happened in Britain and the United States. And right now, Adelaide woman Jacinta Ann Drust is facing charges of murder and unlawful killing over the death of her boyfriend Antonio Cavaiuolo. Ms Drust has pleaded not guilty to the charges. She denies the allegations and is entitled to the presumption of innocence.