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...
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...