With the legislation now allowing for same sex marriages, those in a same sex marriage must remember that unless a Will is stated to be made in contemplation of marriage, marriage revokes a will....
Can I challenge a will? You may be able to challenge a will on a number of grounds, provided you are eligible to do so....
Managing the estate of a deceased friend or loved one can be a very overwhelming task. Aside from processing the sadness of loss, you have the added pressure of honouring someone’s wishes while trying to understand jargon in a complicated legal process. The first question you...
How are de facto relationships dealt with? This can be an issue when the deceased did not write a will clearly expressing their intentions towards family and friends. A de facto spouse may have to first prove that they were, indeed, the de facto...
A recent Queensland case highlighted the dangers of undertaking your own estate planning and preparing a do it yourself will. A couple married in 1984. They both had children from previous relationships but did not have any children together. They prepared a joint will at home...
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPOA) is a document that appoints a person (the attorney) to make legal and financial decisions on behalf of the principal, once the principal is unable to manage their affairs. The principal...
As many of our parents grow into the latter years of their long life, the effects of age on the elderly mind can often be observed. This effect can be gradual with the gradual onset of Illnesses such as dementia and Alzheimer's, but can also...
When it comes time to writing a will spouses often want to "keep it simple" and make the decision to have identical or mirror wills. These wills often provide for the estate to be gifted to the surviving spouse and when the second spouse...
PURPOSE OF A GRANT OF PROBATE The executor of an estate is responsible for collecting the deceased's assets, paying any debts and then distributing the assets to the beneficiaries. A grant of probate is a legal document that authorises an executor (or executors) to manage the...
Article dated 16 April 2019 Many clients who are negotiating a property settlement and have received or are about to receive a large inheritance, are concerned with how that inheritance will be treated. Often when a party receives any special lump sum payment in their marriage,...