Category: Wills & Estate Law

“I have not seen my child in 20 years, why should I give him anything in my will?”

Most people would think that they should be entitled to leave their estate to whomever they wish when they die, or indeed make whatever charitable requests they choose. Whilst as a general principle that proposition is true, there are some significant exceptions that need to be acknowledged in making a will. 

Continue reading Can You Leave Your Estate To Whomever You Wish?

A recent story aired by A Current Affair has highlighted the unexpected consequences which can arise in relation to the superannuation benefits of a loved one after they pass away.

Three myths often abound when it comes to superannuation and deceased estates.

Continue reading Beneficiary Nominations and Superannuation – It’s a Trap!

The Queensland Government recently passed the Justice Legislation (COVID-19 Emergency Response – Document and Oaths) Regulation 2020.  The purpose of the legislation is to address the issue of physically witnessing and signing documents amidst the social distancing restrictions that are currently in place as a result of the COVID-19 pandemic.

Continue reading Remote witnessing of wills and other documents

Estate and succession law is built on one central pillar: preparedness. We draft wills to ensure our loved ones receive our assets when we cannot distribute them ourselves, and we sign Enduring Powers of Attorney so that in the event we cannot make decisions, someone we trust can. The lesser-discussed Advance Health Directive (AHD) is yet another example of preparing for the unknown. Continue reading Advance Health Directives: What you need to know

According to the Australian Securities and Investments Commission, nearly half of all Australians die without a valid will, or ‘intestate’.

The legal and procedural complications that can arise in the event of intestacy can be both costly and time-consuming.  Continue reading What Happens If I Die Without A Will?

Within the legal profession, a question has often been asked that has had no clear answer – can an Enduring Power of Attorney extend a binding death benefit nomination for an incapacitated principal?  In a recent decision of the Supreme Court of Queensland in Re Narumon Pty Ltd [2018] QSC 185, this question was recently considered and a clear decision handed down. Continue reading Enduring Powers Of Attorney And Binding Death Benefit Nominations

What happens to your financial and health if you become incapacitated for any reason (such as a car crash or other accident)? Continue reading The Importance Of An Enduring Power Of Attorney

Have you lost track of old bank accounts, shares, superannuation or life insurance policies? Have you moved address and cannot recall whether you notified a company or firm who may be holding money on your behalf such as your lawyer, real estate agent or accountant? If you answered yes to either of these questions, you may have unclaimed money. Continue reading Unclaimed Money – Do You Have Any?

An Enduring Power of Attorney is a document which we all need to have in place to guard against the possibility we may suffer a serious accident or illness and find ourselves unable to manage our own affairs and deal with all the personal and financial issues which are a normal part of daily life. Continue reading Enduring Powers of Attorney – Essential, But Take Care

Locate the deceased’s Last Will & Testament

Confirm you have been appointed the executor of the estate and check whether the Will contains any wishes of the deceased concerning their funeral arrangements or burial.

Continue reading Executor’s Checklist