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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.