Can my new partner’s children challenge my Will?
This is the sixth in our series of articles on the uncertainties of death. Myth – “My new partner’s children can’t challenge my Will…. Right?” Wrong! There are many misconceptions in relation to the classes of person who are eligible to “challenge” the proposed...
Can a person without capacity update their affairs?
This is the fifth in our series of articles on the uncertainties of death. Myth – a person without capacity is no longer able to update their affairs. Wrong! It is not widely known that a court can make a Will for a person who has lost capacity. A “court made” Will...
The Uncertainties of Death – Part 4
This is the fourth in our series of articles on the uncertainties of death. Myth – “I can defeat a challenge to my Will from a family member by making a token gift to them in my Will”. Wrong! If a person challenges your Will, they are seeking an amount from your...
My Will dictates who gets my superannuation…. doesn’t it?
This is the third in our series of articles on the uncertainties of death. Myth – “My Will dictates who gets my superannuation….. doesn’t it?” Wrong! Your superannuation does not form part of your estate and is not controlled by your Will. Your superannuation benefits...
The Uncertainties of Death – Part 2
This is the second in our series of articles on the uncertainties of death. (Click here to read Part 1.) Another common misconception is that it is not possible in Queensland to have more than one spouse. You might be surprised to learn, it is possible and more common...
Voluntary Assisted Dying
Queensland has become the fifth State to pass laws relating to Voluntary Assisted Dying. The scheme will be operational from January 2023. The key points: 1. Voluntary Assisted Dying (“VAD”) allows a person who is suffering and dying to choose the timing and...
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...