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. Read More.
Estate Law
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. Read More.
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. Read More.
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. Read More.
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. Read More.
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). Read More.
The Dangers of DIY Wills
22.09.17
Two recent Queensland cases demonstrate the importance of complying with legislation when drafting your will. Read More.
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. Read More.
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. Read More.
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. Read More.
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. Read More.
Case Update: Statutory Wills
22.09.17
