Changes to how a De facto relationship affects your estate planning

By Janine O'Brien • In Estate PlanningComments Off on Changes to how a De facto relationship affects your estate planning

Recent amendments to the Succession Act 1981 (Qld) in Queensland have changed the impact the ending of a de facto relationship has on a testator’s Will. If the Will does not state otherwise, the Act now provides that the ending of a testator’s de facto relationship revokes: a gift to

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Testamentary Capacity Despite Dementia Diagnosis

By Janine O'Brien • In Estate Planning, WillsComments Off on Testamentary Capacity Despite Dementia Diagnosis

In the recent South Australian case of Roche v Roche [2017] SASC 8 the Court found the testator, John Roche, had testamentary capacity despite a dementia diagnosis having been made. The parties to the dispute agreed that, at the time of the signing of his Will in 2006, the testator

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