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

Lost Wills are an increasingly common problem. The consequences of losing a Will are significant and can even result in your intended beneficiaries missing out completely. While many people choose to store their original Will in the safe custody of

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

Most, if not all of us, would like to think that philanthropy or charitableness is something that we turn our minds to at some point during our lifetime. Having supported one or more charities during their lifetime, many people wish to see these or

More and more people are becoming aware that a Will can be contested, and as each year goes by, there are more and more applications of that nature being made to the Courts. Not everyone is aware of the basic principles that apply and the procedure t

If you don’t have a valid, up to date Will you are overlooking an important opportunity to plan for your family’s future.  A Will has many benefits, including distributing assets on death, however recent research has shown that the other benefi

An unfortunate story with an even more unfortunate outcome was recently reported in the media, in which a 30-year-old man was married, but he and his wife separated.  The couple had finalised a property settlement, but before signing the Divorce App

Enduring Powers of Attorney have been legal in Queensland since September 1990. However, they were limited in operation to financial and property matters. On 1 June 1998, the Queensland Powers of Attorney Act was introduced and extended the powers of