The Uncertainties of Death
This is the first in our series of articles on the uncertainties of death and busting some common Estate Planning myths. Myth - If I pass away without a Will “everything just goes to my spouse… right?” Wrong! If you die without a Will, you die “intestate”. This means...
Traps to avoid when making a Will
For a Will to be valid, it must meet certain formal requirements. In broad terms, the Will needs to be in writing, signed by the person making it before two witnesses. So, what happens when a beneficiary witnesses a Will? To safeguard against risks of influence, a...
As the purse is emptied, the heart is filled
Have you made (or are you intending to make) a gift to a charity in your Will? What if the charity ceases to exist? This issue recently faced the Queensland Supreme Court for determination. Mr Graham died in 2016. His Will gifted half of his sizable estate to the...
Do you know where your original Will is?
Recently, our firm assisted in a matter where the original Will of our client’s late father could not be located. Our client could only locate a copy of the signed Will. The Court ended up admitting the copy of the Will to Probate and the administration of the estate...
Is it time to review your Will and Enduring Power of Attorney?
If you have recently moved to QLD from another Australian State or Territory, it may be time to review your Will and Enduring Power of Attorney. The legislation regarding Wills and Enduring Powers of Attorney differs between each of the States and Territories. In...
Major changes to laws relating to Powers of Attorney
On 30 November 2020 numerous changes were made to the law regarding Queensland Guardianship Systems. Some of the changes that came into effect include: Changes to the general principles and health care principles; Clarity on applying the presumption that a person has...
What if my proposed executor lives overseas?
It is often the case that executors live far and wide and that is usually not an issue in estate administration. Care must, however, be taken before appointing an overseas resident to be the sole executor of an Australian estate. An estate is a trust. The residency...
The Superannuation Nomination has expired and the member has lost capacity!
People are becoming increasingly aware of the importance of having in place a Binding Death Benefit Nomination to dictate who receives their superannuation on death. Your superannuation is not an asset of your estate. The Trustee of your superannuation fund will...
Is my “Homemade Will” enough?
This is the fifth in our series answering common questions about Estate and Probate disputes. I am often asked whether a “Homemade Will” is sufficient and whether it will “do the job”. It is a question that both troubles and intrigues me. If: you prepare it correctly;...
Do I need to get Probate?
This is the fourth in our series answering common questions about Estate and Probate disputes. We are often asked about the need to obtain a Grant of Probate as part of the administration of a person’s estate. Typically, the decision to obtain a grant of probate is...