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Court Decision

Can an iPhone note really be a Will?

The case of Colin Peek's digital "Will" on an iPhone note highlights the growing issue of informal Wills, which do not meet formal legal requirements but may still be recognised by courts if the deceased intended it to be their Will.

  • Wills
  • Beneficiaries
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Article

Legal Q&A with Krystal Bellamy, Estates and Succession

Krystal Bellamy advises clients in relation to all aspects of Wills, powers of attorney, deceased estates, trusts and superannuation disputes, specialising mainly in estate and trust administration and litigation. In this Q&A, she shares insigh

    Todo

    Article

    The woes of staple holes and other marks on original Wills

    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

    • Aged care
    • Aging parents
    • Assets
    • Will
    Todo

    Article

    What is a grant of probate and do I need one?

    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

    • Aging parents
    • Assets
    • Will
    • Executor
    Todo

    Article

    Elder Abuse: Knowing the signs and where to get help

    As Australia’s ageing population continues to grow, it is vital that, as a community, we are alert to the warning signs of elder abuse and what to do if we or someone we know experiences it.   What is elder abuse? Elder abuse can take many forms

    • Elder abuse
    • Financial abuse
    • Guardians
    • Financial administrators
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    Article

    Do you know where your original Will is? The consequences of a lost Will

    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

    • Will
    Todo

    Article

    Lovers versus loved ones - battles over superannuation

    Disputes over superannuation death benefits are on the rise and it’s not surprising. Superannuation often forms a substantial (if not the most substantial) part of a deceased person’s overall wealth, especially if it includes life insurance. What

    • Estate planning
    • Beneficiaries
    Todo

    Legislation Update

    Foreign beneficiaries? Time to review your Will

    There are many circumstances or “triggers” which may require a review of your Will and other estate planning documents, share Greg Cox and Krystal Bellamy from HopgoodGanim's Estates and Succession practice. Among those triggers are changes to t

    • Estate planning
    • Wills
    • Beneficiaries
    • Beneficiary
    • legislation update
    • FIRB
    • Foreign investment
    • Migration,

    Article

    What about your furry friends? Caring for your pet in the event of death or incapacity

    For many of us, pets are loyal companions and much-loved members of the family. We spend a great deal of time and money ensuring that they are healthy and happy. Despite this, it is often the case that no mention is made of a pet’s future care in t

    • Wills
    • Executor
    • Estate administration
    • Power of attorney

    Article

    Ten things to consider when appointing the executor of your Will

    Choosing the right executor is one of the most important estate planning decisions you will make. Getting this decision wrong can not only result in significant cost and delay for your estate but considerable anguish for your chosen beneficiaries.  

    • Wills
    • Executor
    • Estate administration
    Todo

    Legislation Update

    Upcoming changes to guardianship laws and forms in Queensland

    Updates to Queensland’s guardianship laws are set to commence on 30 November 2020. The changes include the release of new forms to make an Enduring Power of Attorney and an Advance Health Directive. The new forms will replace the existing forms whi

    • Power of attorney

    Court Decision

    Charitable gifts and the cy-près doctrine

    In a recent article, we discussed the Supreme Court decision of Re Graham (deceased)1 in which the Court determined that a charitable gift in a Will should be applied cy-près where the charity named in the Will had ceased to exist after the Will-ma

    • Estate planning
    • Philanthropy