We regularly hear of a client’s plan to stash some cash under the mattress or give money to a family member, prior to their passing to cover the funeral bill when they die. This concern arises from the client’s view that the bank will freeze their account after they...Read More
For a Will to be validly executed, it must meet certain requirements – eg. it must be signed by two witnesses. The Court recently had to consider whether a digital note saved on an iPhone by a Mr Colin Peek – a multi-millionaire – was in fact his Will. If...Read More
A person who makes a Will must have testamentary capacity. This means the person understands the nature and effect of making a Will and understands what they own and who can claim on their estate. Wills can be challenged and ‘struck out’ if a person did not have...Read More
I wrote about the importance of knowing where your original Will is in this column a year or so ago. The three recent files on my desk and the decision of Hindman J handed down in the Brisbane Supreme Court on December 5 on one of my files suggests it’s time to...Read More
When I see a couple to take instructions for their Wills, and they each have children to a previous relationship, it is common for them to gift: • everything to their spouse; and • if their spouse has died, equally between their children and stepchildren. Clients are...Read More
