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

In this article, we discuss the Register of Foreign Ownership of Australian assets (Australian Register) which is to commence operation by the end of 2024 and be administered by the Australian Taxation Office (ATO).  Our team at HopgoodGanim deli

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

Being left out of a Will is likely to be a very confronting experience, especially during a time of grief.   There are many reasons why a person may exclude someone who may be a likely beneficiary when making their Will. While a person can general

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

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

In this article we examine a recent High Court Decision in Fairbarin v Radecki, highlighting the multitude of factors that may be relevant to the existence and breakdown of a de facto relationship. Though de facto relationships and marriages continu