Another Pro Forma Will Disputed in Court

By Lucille Moala • In Estate Planning, Estates, WillsComments Off on Another Pro Forma Will Disputed in Court

The Queensland Supreme Court case of Rhodes v Rhodes (as Executor of the Will of Cecil Ronald Rhodes) & Ors [2017] QSC 21 serves as a timely reminder that pro forma Wills are a poor substitute for proper estate planning advice and drafting. In this case, the deceased left his

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Family Provision Application considered by the Supreme Court of New South Wales

By Lucille Moala • In Estate Planning, Estates, Litigation, WillsComments Off on Family Provision Application considered by the Supreme Court of New South Wales

The recent case of Sitki v Sitki; Sitki v Aksoy [2016] NSWSC 1396 (Sitki) provides an interesting insight into the matters the Court may take into account when determining Family Provision Applications. The case was heard in New South Wales. The law in New South Wales provides that a spouse,

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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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Update – Facebook ‘Legacy Contact’ Feature Now Available in Australia

By Ella McNamara • In Estate Planning, EstatesComments Off on Update – Facebook ‘Legacy Contact’ Feature Now Available in Australia

Following our recent article on the introduction of Facebook’s ‘legacy contact’ feature for users in the United States, Facebook has now made the feature available for Australian users from 13 May 2015. Australian Facebook users who are over the age of 18 years now have the ability to appoint a

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Facebook – A new form of online memorials

By Carla Parsons • In Estate Planning, EstatesComments Off on Facebook – A new form of online memorials

Although not yet available for Australian users, Facebook has recently announced a new feature that will allow users to nominate a ‘Legacy Contact’. If nominated, a Legacy Contact would have the ability to manage the account should the user pass away. Permissions granted to the Legacy Contact could include the

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How does the Family Court deal with inheritances?

By Margaret Miller • In Estates, Family LawComments Off on How does the Family Court deal with inheritances?

Many people going through a property settlement believe inheritances will not be part of the asset pool available for distribution between spouses and the question often arises about how the Court will deal with an inheritance in property settlement. The answer is that inheritances are assessed on a case by

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Property settlement with your ex-partner has been finalised, what could possibly go wrong? You’d be surprised …

By Margaret Miller • In Estate Planning, Estates, Family Law, WillsComments Off on Property settlement with your ex-partner has been finalised, what could possibly go wrong? You’d be surprised …

A recent news item has highlighted the importance of getting proper legal advice and attending to important legal matters once a relationship has ended.  In particular, a new Will should be made upon separation to prevent the distress that arose recently when a separated, but not yet divorced, man died.

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Who can inspect a Will or obtain a copy of a Will?

By Ella McNamara • In Estates, WillsComments Off on Who can inspect a Will or obtain a copy of a Will?

Under the Succession Act, a person can inspect a deceased Will-maker’s original Will or obtain a certified copy of a deceased Will-maker’s original Will if they are: mentioned in the Will in any way, whether by name or not; mentioned as a beneficiary in any earlier Will of the deceased

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