Category: Wills & Estate Law
ABKJ Lawyers have extensive experience in creating and contesting wills for our clients, as well as estate administration, planning and litigation. To ensure your will is legally binding and will do the job you intended it to, contact ABKJ to talk to one of our Will & Estate Lawyers.
We have also included the below helpful articles outlining some of the most common issues occurring in this area of law.
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) obligations will apply to certain legal services in Australia. The AML/CTF regime is regulated by AUSTRAC, Australia’s financial intelligence agency. These reforms are part of a broader national framework designed to prevent criminals from using professional services, property transactions, business structures and trust accounts to disguise the proceeds of crime or fund illegal activity. Lawyers have historically remained outside much of Australia’s AML/CTF regime. From July 2026, that position will change for legal services involving particular types of transactions. For clients, the most noticeable change will be that law… Continue Reading
Queensland has introduced a significant reform to its trust laws with the Trusts Act 2025 (Qld) (the Act), which will replace the long-standing Trusts Act 1973 (Qld). The Act has received Royal Assent, with the Attorney-General indicating an intended commencement of 28 April 2026, subject to proclamation. The new Act modernises and simplifies the legal framework governing trusts, introduces clearer rules for trustees, and strengthens protections for beneficiaries. For individuals and businesses operating through trust structures, it is important to understand how these changes may affect existing arrangements. Key Takeaways The new Act replaces legislation that has been in place… Continue Reading
An often overlooked issue when preparing a Will is the applicability of any taxes when the estate is distributed. While inheritance tax or death tax does not apply in Queensland, other federal and state taxes such as Capital Gains Tax and Transfer Duty (Stamp Duty) can affect your estate. When preparing your Will, it is important to discuss with your lawyer and financial planner the appropriate estate planning strategies that will minimise any applicable taxes related to your assets and the effect they may have on your beneficiaries. Key Takeaways Inheritance tax or death tax does not apply in Queensland…. Continue Reading
When a loved one loses the capacity to make their own decisions, it is an incredibly difficult time for families. If they haven’t prepared an Enduring Power of Attorney (EPA), navigating their financial and personal affairs can be confusing and stressful. Thankfully, Queensland law, as set out in the Guardianship and Administration Act 2000 (Qld), provides a clear pathway through guardianship and administration orders. This guide explains the process, roles, and implications of these orders, offering clarity during a challenging period IMPORTANT TAKEAWAYS Administration orders are legal documents that appoint a person to make financial and legal decisions for an… Continue Reading
A GUIDE TO DEEDS OF FAMILY ARRANGEMENT Important Takeaways Deeds of Family Arrangement are legal agreements between family members and others with interests in the distribution of the estate of someone who has died. They allow interested parties to determine the allocation of an estate even if this may be contrary to what is set out by a Will or statute in cases of intestacy. It is an inexpensive and flexible way of resolving disputes that preserves relationships and avoids the need of taking the matter to court. What is a Deed of Family Arrangement? Deeds of Family Arrangement (DOFA)… Continue Reading
When acting in estate matters, lawyers occasionally encounter situations where wills have been inadvertently tampered with by will-makers during the period of storage since the will was signed.
Amendments were made to the form of the Enduring Power of Attorney in November 2020 in an effort to address some of the community concerns regarding financial elder abuse. These changes have introduced additional transparency measures designed to minimise the risk of an Attorney abusing the trust which has been placed in them.
“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.
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.
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.
