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

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

1. What is a Special Disability Trust? A Special Disability Trust (SDT) is a trust established by parents and immediate family members for the future care and accommodation needs of a person with a severe disability. There can be significant advant

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

In an earlier article we addressed what can go wrong in failing to properly plan for the continuing care of your disabled adult child if you should die. In this second part we explore the continuing crucial theme of proper planning for yourself an

It is a life-long devotion to duty for a significant proportion of the over 2 million family carers in Australia, namely, parents (often elderly) caring for their disabled adult children.  Longevity, however, is not all that it's cracked up to be.

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

Is an errant adult child the product of nurture or nature?  For many parents, it is probably a question too hard to answer, or too late to ask. Either way they can feel a subconscious sense of responsibility for the outcome even if it is the inexpl