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

Read More

Making a Will – do you need to provide for your ex-partner?

By Lucille Moala • In Estate Planning, WillsComments Off on Making a Will – do you need to provide for your ex-partner?

You may think that your financial obligations to your ex-partner end following a family law property settlement. However, the recent case of Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10 has indicated otherwise. In this case, the deceased’s ex-wife (Magdalena) brought a claim for further provision

Read More

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

Read More

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

Read More

Why you should see an experienced estate planning lawyer – The case for taking proper notes

By Carly Fradgley • In Estate Planning, WillsComments Off on Why you should see an experienced estate planning lawyer – The case for taking proper notes

With DIY Will-kits available at the newsagent and templates available on the internet, you might be fooled into thinking that making a Will is a simple process. This is not always true as the case of Re Oliver (deceased) [2016] QSC 264 shows us. In this case, it was the

Read More

Breaks in the SMSF documentation chain

By Belllegalwp • In Estate Planning, WillsComments Off on Breaks in the SMSF documentation chain

Carly Fradgley, Special Counsel in our Wills, Trusts and Estate Planning department, has recently had her article published in the SMSF Adviser. To view the article, please follow the link: http://www.smsfadviser.com/strategy/15039-breaks-in-the-smsf-documentation-chain?utm_source=SMSFAdviser&utm_campaign=04_01_17&utm_medium=email&utm_content=2

Read More

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,

Read More

DIY alterations to your Will – what could possibly go wrong?

By Lucille Moala • In Estate Planning, WillsComments Off on DIY alterations to your Will – what could possibly go wrong?

It is important to have your Will and any changes to your Will drafted by a suitably experienced lawyer. You may have a general idea of your intentions when drafting your Will or when making changes to your existing Will yourself, but a lawyer is able to implement your wishes

Read More

Some legal considerations when moving in together

By Margaret Miller • In Estate Planning, Family Law, WillsComments Off on Some legal considerations when moving in together

Some legal considerations when moving in together Becoming part of a couple and moving in together can trigger unexpected legal and financial consequences. Generally, financial motivation is not the reason most couples move in together but, if you are considering coupledom, it makes sense to consider any financial traps and

Read More

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

Read More