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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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;...Read More
