News and Insights

It is usually a very emotional and difficult time when someone close dies. This can be further exacerbated if upon reading the person’s Will, a loved one feels that they have not been treated fairly by the deceased. In this article, Special Counsel

All too often, succession lawyers come across original Wills which have been unstapled and restapled (sometimes many times) or which bear the telltale sign of a paperclip-shaped rust mark or the ghost of a tight bulldog clip. The problem with this i

If you’ve suddenly found yourself in the position of being executor of a Will, you may have already heard and seen references to needing a grant of probate as well as a lot of other confusing legal jargon. As succession lawyers, we are frequently a

If you’re the executor of a deceased person’s Will and a claim is made either by a beneficiary or someone who thinks they should have been a beneficiary, then your job is much harder. Executors stuck in the middle of warring parties should: c

After a person dies, the beneficiaries of their estate (and other relevant persons and organisations, such as banks) are usually provided with a copy of the deceased’s last Will, if they made one. Who can receive a copy of a Will legally? The law

A person must have testamentary capacity at the time they make a Will. But what does that really mean and what happens if a Will is made without it?  What is testamentary capacity? The term testamentary capacity means a willmaker’s aptitude/abil

What is a Family Provision Application? A Willmaker generally has the right to make a Will leaving what they own (or their estate) to anyone they choose including family, friends, charities and so on.  However, it is important to understand that i

Just imagine it – this is the year - the year you lose your capacity to make your own decisions. What would life be like? For one thing, it will mean that you won't be making your own decisions – someone else will be. That person is likely to be

When you imagine a Will, you probably see a formal, written document, hand signed by the will maker, right? Generally, you would be spot on. In fact, in Queensland, section 10 of the Succession Act 1981 Act (“Act”) prescribes how a Will must be e

Occasionally, we see situations arise where the original Will of a deceased person is lost and only a copy can be found. In order to obtain a grant of probate of the Will, in ordinary circumstances, the Court requires that the original Will be filed

The Expedition I often think life is a safari through the quicksand of events. One such event is the second marriage or relationship. I often sit opposite mature aged couples in their 60's or 70's and in their second marriage, embarking on an exp

Bruce Willis apparently, took it hard when he found out that he couldn’t pass on his extensive iTunes collection to his children after his death – it was his own little 'die hard' moment.   He apparently considered suing Apple but had to 'whist