Estate Law

effects of COVID-19 on wills

COVID-19 Effects on Estate Planning


COVID-19 requires many to isolate, quarantine or in the worst case, receive treatment for the virus. Practically, this poses many challenges especially from an estate planning perspective. Our estate planning team has developed a wills self-execution procedure to assist clients currently in self-isolation or quarantine. Our procedure follows strict compliance requirements to ensure the validity of all wills executed from our clients’ home. Read More.

Judge in court of appeal - contesting a will

Two Bites At The Cherry - Former Spouse Fails in Contesting a Will


The New South Wales Court of Appeal recently considered the circumstances in which a former spouse can pursue a claim against a deceased estate. Read More.

Wedding Bands in Same Sex Marriage

Same Sex Marriage and Wills


Newly-weds and couples whose marriage are now legally recognised should be mindful that a pre-existing will is automatically deemed void when a person marries. Read More.

Intestacy - Wills & Estate

Intestacy – Don’t Risk It!


It is estimated that nearly half of all Australians die without a will. Intestacy is the condition of the estate of a person who dies without having made a will. Read More.

Signing a Power of Attorney

The Importance of Choosing a Trustworthy Power of Attorney


In a startling new dispute before the State Administrative Tribunal (‘Tribunal’) in Western Australia, three sons who utilised in excess of $1.6 million of their elderly parents’ estate for their own personal benefits have been refused guardianship. Read More.

writing a will

Basics to Know Before Writing A Will


Most people don't like to think about dying while in the prime of their lives. However, all people need to clarify where their assets will go after they die. Otherwise, all of an individual's possessions will be turned over to the government, instead of loved ones, upon his or her death. Wills are an excellent way to avoid that situation. Read More.

Tired of Waiting: Can a Beneficiary Terminate a Trust Early?


A trust is an arrangement whereby one person (the trustee) holds or owns property for the benefit of another person (the beneficiary). A trust is not a separate legal entity but rather a legally recognised relationship between a trustee and one or more beneficiaries. Read More.

Case Update: Court Allows Removal of Deceased Partner's Testes


Generally, a human body (alive or dead) is incapable of being owned or possessed. However, Australian courts have recognised that a person’s reproductive cells in certain circumstances are property capable of passing to the person’s personal representative after his or her death. Read More.

statutory will
mutual wills

Case Update: Mutual Wills


Mutual wills can be a useful tool when estate planning for spouses with blended families, but should not be entered into lightly.  The case of Masci v Masci shows the possible implications of mutual wills. Read More.

importance of having a Will

Burton v Spencer: Warning for those without a Will


The Queensland case of Burton v Spencer demonstrates the unintended difficulties and complications that can arise should you die without a Will in Queensland. Read More.

Professionally prepared Wills

Yu v Yu: 'iPhone Will' Causes Confusion


For a Will to be valid in Queensland, it has to meet certain requirements set out in section 10 of the Succession Act 1981 (Qld) (‘Act'). In particular, it needs to be in writing and signed by the person making the Will in the presence of at least two witnesses. Read More.