Request for extension of time in FPA claim denied

By Dan O'Connor • In Litigation, WillsComments Off on Request for extension of time in FPA claim denied

The recent decision of Frastika v Cosgrove as executor of the estate of Russell Walter O’Halloran (Deceased) [2016] QSC 312 emphasises the importance of complying with legislative timeframes when lodging an FPA application. In this matter, Mrs Frastika applied for greater provision to be made for her out of her

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Court condemns homemade Wills as a ‘curse’

By Dan O'Connor • In Estate Planning, WillsComments Off on Court condemns homemade Wills as a ‘curse’

The recent decision of Rogers v Rogers Young [2016] WASC 208 has again highlighted the inherent dangers of not engaging an experienced lawyer to prepare your Will. In this case, Mrs Rogers died leaving a homemade Will (made using a Will kit) which had unclear and even contradictory provisions as

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‘Loophole’ enabling elder abuse to persist without intervention

By Dan O'Connor • In Estate PlanningComments Off on ‘Loophole’ enabling elder abuse to persist without intervention

There is currently a gap in the powers of public advocates (such as Adult Guardian in Queensland) to investigate reported elder abuse. Although the Adult Guardian is able to investigate reported abuse in instances where someone has lost capacity, they have no power to act if the person still has

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DESTROYING YOUR WILL NOT AS STRAIGHTFORWARD AS YOU THINK

By Dan O'Connor • In Estate Planning, Estates, WillsComments Off on DESTROYING YOUR WILL NOT AS STRAIGHTFORWARD AS YOU THINK

Testamentary wishes are dynamic. As personal circumstances and relationships change over the years, our testamentary intentions normally evolve to reflect these developments. If this extends to the point that the testator no longer agrees with the terms of their existing will they may choose to revoke the document by destroying

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Making an effective gift to charity under your will

By Dan O'Connor • In Estate Planning, Estates, WillsComments Off on Making an effective gift to charity under your will

Australians are renowned for their generosity, but many people fail to reflect on the possibility of naming a charity when it comes to drafting their will. Most charities do not receive government support and therefore rely solely on donations to fund their philanthropic objectives. Charitable bequests are a great way

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Informal wills: a logical but costly advance in the Law of Succession

By Dan O'Connor • In Estate Planning, Estates, WillsComments Off on Informal wills: a logical but costly advance in the Law of Succession

One of the more intriguing developments in Succession Law over the past few years has been the rise of ‘informal’ wills as a legitimate testamentary instrument. Following amendments to the Succession Act 1981 (Qld) in 2006, the law in Queensland now permits a court to dispense with the formal requirements

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