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...
The attorney sold the house!
This is the third in our series answering common questions about Estate and Probate disputes. It is a common feature of estate planning for a person to appoint someone to act for them in the event they lose capacity. This is typically done through an Enduring Power of...
The Will’s not valid!!!
This is the second in our series answering common questions about Estate and Probate disputes. Challenging the validity of a Will is different to challenging a distribution under a Will - which was the topic of Part 1 in our series. A challenge to validity is...
so you don’t have the nuclear launch codes but what would happen if you lost capacity?
With the recent COVID19 scare involving Donald Trump, a lot of political commentary has centred around what would happen if he lost his mental capacity. Whilst that situation is covered by the United States Constitution, what about you? Who handles your affairs if you...
The alarming truth on smoke alarms
Where the is smoke there is fire When selling property it is important to understand a Seller’s disclosure obligations with regard to safety switches and smoke alarms. Question Does a Seller need to accurately disclose the existence of smoke alarms and safety...