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
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
When helping clients prepare Wills, it is common to receive these instructions ‘Everything goes to my spouse and then to the kids equally”. The surviving spouse often ends up with the jointly owned assets and superannuation too. When the surviving spouse passes away,...Read More
Divorce, ending a de facto relationship or ending a civil partnership can be emotionally difficult but have you ever thought what happens to your Will if these events occur? Under the Succession Act 1981 (Qld), if any of the above events occur, your Will is revoked to...Read More
Consider this scenario: You have 2 children. Child A and Child B. Child A has one child (your grandchild). You give your estate equally to Child A and Child B in your Will. If Child A dies before you, your grandchild will automatically receive Child A’s half of...Read More
