2024-03-28 06:09
A ‘family provision application’ (FPA) is an application to the Court made by certain eligible person/s who have not been adequately provided for in a Will.
In Queensland, a F… Read More
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Wills Estates Probate Lawyers Blog
willsestatesprobatelawyers.com.au
Our team of Estate Lawyers have over 20 years experience in dealing with Estate Litigation, Estate Claims, Will Disputes and deceased Estates. We are ready to meet with you to discuss your claim.
2024-02-29 08:31
If you are considering revisiting your Will or in the process of preparing your first one, an effective estate planning tool is including testamentary trusts for your beneficiaries.
What… Read More
2024-01-30 03:04
Nobody likes to think about dying, let alone passing away at the same time as your partner.
However, if a freak accident occurs and you pass away together, a question arises as to how res… Read More
2024-01-18 05:29
If there are issues with a Will or in an estate, there is an option of filing a ‘caveat over the Will’ or a ‘caveat over the estate’.
The impact of lodging a cavea… Read More
2023-12-20 07:09
A de facto relationship refers to a relationship between two individuals who are not legally married, but live together and function as a married couple. The criteria for establishing a de f… Read More
2023-11-30 09:31
No, just because they have been named as an executor in a Will, does not mean they must accept the position. They are under no legal obligation to act if they do not want to.
If they have… Read More
2023-11-01 02:53
An interesting dynamic I often see when I am taking instructions for a client’s estate planning is that they have separated from their partner but have not divorced.
It appears it i… Read More
2023-10-30 01:37
As the busy holiday season is fast approaching, it is important to get your estate planning documents in order now – before leaving it too late.
Conversations around estate planning… Read More
2023-10-03 04:13
If you are an executor or administrator handling a deceased person’s estate, there will usually be a home or other investment property to distribute as part of the process.
The foll… Read More
2023-08-06 20:53
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2023-08-02 07:53
When someone passes away, often a key term that arises, is probate. However, many people do not understand what it is and why it might be needed.
Below are some answers to frequently aske… Read More
2023-06-16 06:14
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2023-05-10 03:05
An executor is a person appointed under a Will to administer a deceased’s estate in the best interests of the beneficiaries.
However, in some situations, the person named as ex… Read More
2023-04-20 02:55
A ‘family provision application (FPA)’ is an application to the Court made by certain eligible person/s who have not been adequately provided for in a Will.
In Queensland, the… Read More
2023-04-13 03:10
It is not uncommon for people to give a gift or even a percentage of their estate in their Will to a charity or charities.
In the media lately, the RSPCA received $2.7 million in sale pro… Read More
2023-04-03 05:59
When I’m considering a client’s estate planning, it’s not just about considering their Will. It’s necessary to take a holistic approach, and it’s critical that… Read More
2023-03-31 02:47
There is this long held belief by many that when someone dies there is to be a ‘reading of the Will’. However, in real terms, given the electronic world we live in, a ‘read… Read More
2023-03-07 06:45
What is a claim?
Generally, a ‘claim’ in an estate refers to what is called a ‘family provision application’.
This is an application to the Court made by a cert… Read More
2023-02-22 07:41
Taking place from 17 February to 5 March 2023, this year Sydney is the host city for WorldPride and will celebrate Australia’s diverse LGBTIQA+ community.
‘LGBTIQA+&rsquo&hell…Read More
2022-11-21 03:54
The question of mental capacity is an important consideration when someone is making or updating their Will or Enduring Power of Attorney (EPA).
We often hear people arguing over their lo… Read More
2022-08-25 01:55
One of tasks of an executor during the course of administrating someone’s estate, is identifying and keeping a record of all the deceased’s assets and liabilities.
During… Read More
2022-06-15 01:06
On 15 June each year, World Elder Abuse Awareness Day (WEAAD) highlights one of the worst manifestations of ageism and inequality in our society – elder abuse.
Elderly people are of… Read More
2022-05-23 09:50
When we meet with clients to review their estate and succession plan, we always ask the client to provide us with a summary of the following:
their assets and liabilities;their corporate… Read More
2022-04-07 06:00
We sometimes see issues arise in blended families, where someone chooses to leave the entire or majority of their estate to their new spouse or biological children – to the exclusion o… Read More
2022-03-01 09:34
After someone passes, generally the first thing loved ones do is search for the Will. If you can’t locate the original Will, it is not the end of the world. However, it does mean… Read More
2022-02-02 07:26
Many people assume that just because you are not married to your partner, there are no impacts to your Will, should you separate in the future.
Unfortunately, this assumption is incorrect… Read More
2022-01-14 00:29
As we start a new year, it is important to remember that any change in life circumstances may impact on your estate plan.
Engaged
If you’ve recently been engaged, it is timely to… Read More
2021-10-20 02:18
We often receive enquires from people asking if they are entitled to take control of a deceased’s estate when the deceased did not leave a Will.
When someone dies without a Will the… Read More
2021-08-16 01:27
Administering an estate can be an onerous task taking up time, potentially months, perhaps in some cases, years.
In carrying out the role of administration of an estate the executor&rsquo&hell…Read More
2021-08-11 03:09
We often receive enquiries from beneficiaries of estates, questioning the time it is taking for an executor to attend to distribution.
Beneficiaries may be eager to receive their inherita… Read More
2021-06-28 01:35
In Queensland, an Enduring Power of Attorney allows you to appoint someone you trust (your attorney) the power to make decisions about personal (including health) matters and/… Read More
2021-06-11 05:47
When administering an estate, depending on the size of the estate, the executor may be responsible for a number of tasks.
For example, if the deceased only had cash in bank accounts… Read More
2021-06-07 18:27
In light of the recent publications concerning Ken Talbot’s Will and some of the comments he placed in a letter accompanying his Will, it has triggered me to address the purpose of a l… Read More
2021-06-01 05:55
A common question asked in relation to deceased estates is whether an executor can make an interim distribution of the estate assets to the beneficiaries.
What is an interim distribution?… Read More
2021-04-27 02:20
Here is a fast fact:
In Australia, there were 1 million 1 parent families in June 2020 making up 14.2% of all families, with 79.3% of these, being single mothers.
Of these 1 parent fam… Read More
2021-04-21 06:11
Benjamin Franklin said in 1789 that, “in this world nothing can be said to be certain, except death and taxes”.
Turns out, some 200 years later, this quote still rings true… Read More
2021-03-31 08:37
When clients ask me about challenging a Will, or making a claim against an estate, I am quick to share the realities of litigation.
Litigation is a like a treadmill. Once… Read More
2021-03-19 06:41
Discretionary family trusts are a popular investment structure in which a trustee holds assets in a trust for a group of beneficiaries, usually for family members.
Benefits of family trus… Read More
2021-03-03 01:57
As our population is living longer, it is understandable that people want to stay at home for as long as possible. However, residing in your home may not be practicable. For example:
you… Read More
2021-02-25 07:51
If you have been excluded from someone’s Will, you may be eligible to make an application to the Court for a portion, or a larger portion, of a deceased person’s estate.
This… Read More
2021-02-01 05:51
The concept of Mutual Wills is certainly not an easy one to understand.
However, as blended families become more common, Mutual Wills are often used as an estate planning tool to as… Read More
2021-01-27 06:47
This past holiday season, you may have had the opportunity to catch up and spend some time together with family, friends and loved ones.
As we roll into a new year, we remind you that it… Read More
2020-12-15 03:17
Changes to Queensland’s guardianship laws took effect on 30 November 2020. As part of those changes, new Enduring Power of Attorney (EPA) and Advance Health Directive (AHD) forms… Read More
2020-11-05 02:57
Considering your superannuation is an important undertaking when looking at your estate planning.
To avoid unintended consequences, it is crucial that you understand how your superannuati… Read More
2020-10-28 01:10
Having an Enduring Power of Attorney is equally as important as having a Will. Sometimes an Enduring Power of Attorney is referred to as a ‘living Will’.
In Queensland, t… Read More
2020-09-28 08:54
We regularly deal with clients whose life stories include divorce, separation and children from previous relationships.
Estate planning for blended families can often pose significant est… Read More
2020-09-22 02:13
*I have used the words ‘executor’ and ‘trustee’ in this blog interchangeably.
Being an executor or trustee can be a challenging role. You are tasked with not only… Read More
2020-09-07 01:34
The death of a loved can be hard for everyone involved and the coronavirus (COVID-19) pandemic may add additional stress through this difficult time.
There are many ways that COVID-19 may… Read More
2020-08-13 05:03
In the wake of COVID-19, there is a lot more discussion about home-made Wills or Will kits.
One of the questions that I am frequently asked is, “can we use a Will kit?”. … Read More
2020-07-09 02:46
Whether it is the start of a relationship or the end, it is important to understand the effect marriage, divorce or separation can have on your Will.
Your Will should reflect any sig… Read More
2020-07-02 02:03
One of the most common questions I am asked is, “do I get paid for being the executor?”
Whilst the role of executor was once upon a time a voluntary one, it isn’t quite… Read More
2020-06-15 00:39
An executor is a person who has been appointed in a Will to administer the will-maker’s estate and carry out the Will-maker’s wishes. They are often described as the deceased per… Read More
2020-06-01 03:58
Whilst being named someone’s executor can be viewed as an honour and a privilege, the role comes with significant responsibility.
As an advisor, I generally encourage my clients to… Read More
2020-04-24 05:54
There is no doubt that in the wake of COVID-19 many people are taking the opportunity to get their affairs in order.
We have seen a dramatic increase in the number of people wanting to pr… Read More
2020-04-23 06:04
Many people think that making a Will is a simple exercise and that it is something that you can do for yourself.
With the availability of off-the-shelf Wills, online Wills and post office… Read More
2020-04-01 05:58
I just want you all to know that we are here to help and assist you in any way we can in these uncertain times. Even if it’s a simple phone call to have an informal chat. Please d… Read More
2020-03-04 06:58
Many people think that when someone dies there will be a formal “reading of the Will.” However, this is really a concept of the past. There is rarely a formal reading of the… Read More
2020-02-11 05:12
There is an obvious evil to a family provision
application against an estate, that is, the costs that are incurred.
Whilst costs are treated differently in family provision a… Read More
2020-01-22 04:51
Obtaining a grant of probate from
the Supreme Court is one of the main tasks that an executor of an estate may
have to undertake.
However, in Queensland, it is not necessarily
the case t… Read More
2020-01-14 02:25
One of the most common enquiries I receive is in relation to a lost Will.
If an application for probate has to be made in
an estate, having the original Will is important.
Wher… Read More
2019-10-29 05:38
The saying goes that the first generation makes
a fortune, the second generation spends it and the third generation blows it.
There are many ways that wealth can diminish
over generation… Read More
2019-10-16 06:02
Leaving a gift to a charity in your Will is a great way to provide support to organisations and causes you care about. As with any other gift in your Will, it is important to make sure that… Read More
2019-09-17 06:15
Superannuation is progressively becoming a major asset for most Australians. For some, navigating a death benefit claim, and the tax implications that flow from receiving a death benefit is… Read More
2019-09-10 06:46
One of the biggest estate planning myths is that only older people need Wills. While young people (over the age of 18) may not want to think about ‘what if?’ or even conside… Read More
2019-08-21 02:50
Do you operate a small business in the form of a sole director/shareholder company? Are you responsible for the overall operation of the company, including generating and operating the busin… Read More
2019-07-22 05:30
Understanding the difference between joint tenants and tenants in common is important if you are looking at your estate planning. If a Willmaker understands the difference, then they can mak… Read More
2019-07-18 06:59
There’s no doubt that being left out of a Will, no matter how big or small the estate is, can result in high emotions.
Recently, Bob Hawke passed, and it is understood that he left a m… Read More
2019-06-24 00:30
Digital assets include your online accounts, electronic banking information, hard storage devices, smartphones, online subscriptions/memberships, social networking accounts etc., t… Read More
2019-06-07 02:57
A probate caveat is a document that can be filed in the Court, which indicates there may be a challenge to the validity of the Will.
Once the probate caveat is filed, the executor or adminis… Read More
2019-05-23 02:16
Without a doubt, having an Enduring Power of Attorney is just as important as having a Will.
It is not uncommon for us to see a family in dispute in relation to the care and living arrangeme… Read More
2019-05-07 03:58
Upon death, superannuation is considered a trust asset, it is not an asset of a deceased’s estate.
In many cases, the funds that make up the deceased’s superannuation will not on… Read More
2019-05-01 23:07
We are frequently asked by clients what the requirements are to be considered a spouse, or a de facto spouse in relation to a deceased estate.
This is important because a spouse or de facto… Read More
2019-02-13 02:04
Superannuation is one of the most important investment strategies for many of us, and in some cases, it is the only means of financial support in retirement. However, there is a gener… Read More
2018-06-21 05:49
I recently met with a client, to receive her instructions to draft her Will and Enduring Powers of Attorney.
I noticed early on in our appointment that I was receiving short and sharp answer… Read More
2018-06-15 03:13
June 15 marks World Elder Abuse Awareness Day – a day for us to remind ourselves and one another that elder abuse is becoming a global issue. It’s a concern we must turn our mind… Read More
2018-04-09 03:07
Welcome to WordPress. This is your first post. Edit or delete it, then start writing! Read More
2018-03-26 08:50
Welcome to WordPress. This is your first post. Edit or delete it, then start writing! Read More
2018-02-25 08:53
Welcome to WordPress. This is your first post. Edit or delete it, then start writing! Read More
2018-01-26 08:53
Welcome to WordPress. This is your first post. Edit or delete it, then start writing! Read More
2017-10-17 00:32
The judgment handed down last week by the Supreme Court of Queensland in Re Nichol is a profound reminder of the importance of ensuring your Will meets the legal requirements and is executed… Read More
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