Estate Law

CATEGORIES
Intestacy – Don’t Risk It! 05.12.17 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.

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The Importance of Choosing a Trustworthy Power of Attorney 15.11.17 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.

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Case Update: Court Allows Removal of Deceased Partner's Testes 22.09.17 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.

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Tired of Waiting: Can a Beneficiary Terminate a Trust Early? 22.09.17 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.

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Basics to Know Before Writing A Will 22.09.17 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.

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Terribly Sad: State Steps in to Bury Dead Body 22.09.17 When someone dies, their personal representative (i.e. the executor or administrator) is tasked with taking suitable steps to dispose of their body. The personal representative’s decisions regarding such disposal are paramount and as such, their wishes have priority to any other person including the deceased person’s spouse, child or parents.

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Yu v Yu: 'iPhone Will' Causes Confusion 22.09.17 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.

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Burton v Spencer: Warning for those without a Will 22.09.17 The Queensland case of Burton v Spencer demonstrates the unintended difficulties and complications that can arise should you die without a Will in Queensland.

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Case Update: Mutual Wills 22.09.17 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.

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Case Update: Statutory Wills 22.09.17
Case Update: Spouse's Death Before Property Settlement Finalised 22.09.17 When a marriage breaks down, it is recommended that spouses enter into a legally binding arrangement with each other regarding the division of property and assets. This is usually achieved through either a binding financial agreement or a Consent Order made under the Family Law Act 1975 (Cth).

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The Dangers of DIY Wills 22.09.17 Two recent Queensland cases demonstrate the importance of complying with legislation when drafting your will.

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