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In this podcast we disucss the recent case of Gonciarz v Bienias [2019] WASC 104 and the conflict of interest that arises where an executor or administrator of a deceased estate applies to receive death benefits in their own capacity.

We discuss:

  • What happened in Gonciarz v Bienias.
  • Why the outcome in this case was different to Burgess v Burgess [2018] WASC 279.
  • The Courts statement of the current law in this area.
  • What advisers can do to mitigate the risk of this conflict arising.

Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer DBA Lawyers

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