Category: Wills & Estate Law

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

You cannot avoid estate litigation even if you feel you have the perfect Will. Every person has a right to contest the terms of a Will or Codicil, no matter how careful you are in drafting it. Continue reading Six Ways To Reduce The Risk Of Estate Litigation

An often overlooked issue when preparing a will is the applicability of any taxes when the estate is distributed.

While there is no “inheritance tax” (aka death duties or death tax) in Queensland, other taxes such as capital gains tax and stamp duty can affect your estate, your inheritance or your beneficiaries if Continue reading Inheritance Tax in Queensland

Members of the public are often presented with “Do-It-Yourself” Will kits from a variety of sources which are provided at little or no cost.

The preparation of what is presumed to be a straightforward document for minimal expense, in comparison to the fee which would need to be paid to a lawyer to meet with you and prepare a traditional form of Will, can turn out to be a costly decision for your estate.
Continue reading “Do-It-Yourself” Will Kits Can Have Expensive Consequences

Probate is derived from the word “prove”. It is a process whereby the Supreme Court becomes satisfied that the will of a person who has died is the correct last will of the deceased and issues a certificate to that effect called probate.

Continue reading What Is Meant By Probate?