Legal Articles
last will and testament

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. Whether that person will be successful is a different matter and the amount of legal fees expended will depend on what action you took in drafting your will, whilst alive, to minimise the risk of litigation. If you anticipate your estate will be contested after you die, there are some factors you can take into consideration in an attempt to reduce the risk,… Continue Reading

commercial lease

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. Capital Gains Tax Capital Gains Tax (CGT) in Australia essentially revolves around… Continue Reading

Wills & Estates

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. The uncertainty of meaning, and the oversight and omissions which frequently plague such documents provides a fertile ground for estate litigation. Some common difficulties arising with… Continue Reading

What Is Meant By Probate?

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. Once the Court issues probate of a will, the probate can be produced to any interested party who will then deal with the executor named in the will knowing that they are dealing with the person who has authority to deal with the assets of a deceased person. An executor is not required to apply for probate… Continue Reading

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