Have you been left out of a Will?
This article is the first in our series answering common questions about Estate and Probate disputes. Q: Can I challenge a Will if I have been left out of it, or named in it but treated unfairly? A: Yes, but only if you’re a: Spouse – including a defacto and in some...
Don’t let a few beers at the pub cost you your house!
The Supreme Court of New South Wales recently decided a claim made against the estate of Dr. William Garrett. Dr. Garrett was one of Australia’s most outstanding scientists. Among his many achievements, at just 31, he was instrumental in the development of ultrasound...
New requirements for signing Wills and Enduring Powers of Attorney
In response to the COVID-19 pandemic, the Queensland Government has passed new regulations for signing Wills, Enduring Powers of Attorney and Advance Health Directives. The new regulations allow for the witnessing of documents via an audio visual link. Importantly,...
Would hallucinations and cognitive impairment prevent you from making a valid Will?
The answer is - it depends. At the end of last year, the NSW Court of Appeal considered a Judge’s finding that an 85 yr old gentleman Mr Croft, who died in 2016 retained the required capacity to make his Will in 2013. Mr Croft suffered from hallucinations and...
Advance Health Directives vs Advances in Medical Science
If you have made an Advance Health Directive (AHD), you may be familiar with the Review section at the back of the document. Many people may have not had a look at their AHD since it was made and for some people, this may be over ten years ago! There is a handy...
Close enough? The effect of COVID-19 on signing your Will – why you shouldn’t do it without us.
In our recent post of 17 April 2020, we highlighted the requirements to be followed for a Will to be validly executed. Those requirements, in particular, include the need for the Willmaker to be physically in the presence of two (2) independent witnesses. This...
Close enough? The effect of COVID-19 on signing your Will & Enduring Power of Attorney
In the current COVID-19 climate, it is crucial people sort fact from fiction. We have received a number of enquiries from concerned clients regarding their Wills and Enduring Powers of Attorney. Although these times are challenging, there are still certain...
Funeral Expenses – what is a reasonable way to go?
Where a person passes away with a valid Will appointing an Executor, the Executor will typically make the funeral and burial arrangements. A Will often contains the wishes of the Deceased regarding their intended funeral arrangements. Occasionally, people who may not...
Don’t tell Mum – half the death benefit is gone!
Dying without a valid Will is bad enough but combine it with failing to make a binding nomination regarding your superannuation entitlements and the consequences can be disastrous. Many younger people argue that they do not need a Will because they have minimal...
Coronavirus and Funerals – what you need to know
Last night’s announcement by the Prime Minister regarding funerals has meant a surge in calls today from concerned people wanting to know, should a loved one pass away now or in the future, what the new rules on social gatherings means for them and their family. We...