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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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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Informal Electronic Wills – Issues and Pitfalls

By Ella McNamara • In Estate Planning, Estates, WillsComments Off on Informal Electronic Wills – Issues and Pitfalls

The unusual case of the iPhone Will In the case of Re: Yu [2013] QSC 322 the Court had to decide whether a document prepared by a man using the “Notes” Application on his iPhone (the document) was a valid Will. The document appointed the man’s brother as his Executor

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International Wills Now Imminent

By Ella McNamara • In Estate Planning, WillsComments Off on International Wills Now Imminent

On 10 September 2014 Australia acceded to the UNIDROIT Convention’s uniform law in relation to International Wills. These uniform laws will come into force in Queensland on 10 March 2015. International Wills that comply with the uniform law will be recognised as a valid form of Will by the courts

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Statutory Wills – Court ordered Wills for those who lack capacity

By Carla Parsons • In Estate Planning, WillsComments Off on Statutory Wills – Court ordered Wills for those who lack capacity

There are provisions in the Succession Act in Queensland that allow the Supreme Court to make Wills for people who do not have the required legal capacity to make one themselves. This usually applies for children who are under 18 or people who do not have the mental capacity to

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Phillip Seymour-Hoffman – A Cautionary Tale of Disregarding Estate Planning Advice

By Carla Parsons • In Estate Planning, Estates, WillsComments Off on Phillip Seymour-Hoffman – A Cautionary Tale of Disregarding Estate Planning Advice

It has recently come to light that Philip Seymour-Hoffman left his entire $35 million fortune to his de facto partner, disregarding Estate Planning advice to use a trust fund in order to protect the interests of his children. It has been suggested that Hoffman’s Will excluded his children as benefactors

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The Forfeiture Rule – What Happens Where a Beneficiary is Responsible for the Will-Maker’s Death?

By Carla Parsons • In Estates, WillsComments Off on The Forfeiture Rule – What Happens Where a Beneficiary is Responsible for the Will-Maker’s Death?

There have been a number of recent cases and events highlighted in the media from a Criminal Law perspective. For example, readers would be well aware of cases concerning Oscar Pistorius and Gerard Baden-Clay and the police investigations into the recent death of transgender Brisbane woman, Mayang Prasetyo. It is

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