Caveats over wills – use wisely
Where there are questions as to the validity of a will, lodging a caveat over the will is an option which will give you time to investigate your questions. Having…
Not all is lost if you can’t find the original will
Recently, I have received a number of enquiries where a deceased’s original will cannot be found. When an original will cannot be found, a grant of probate can still be…
Disentitling Conduct – Mind your manners
I am often asked by clients about "disentitling conduct" in the context of a claim for further provision from an estate by a child of a deceased. Clients generally raise…
Have you considered your digital assets in your estate plan?
I recently met with some clients to consider their estate plan. Since they last reviewed their estate plan they had accumulated significant digital assets (DA). When considering your estate plan…
Blyth v Wilken – Ending a De Facto Relationship May Change Your Will
I have previously blogged about when you should review your will and estate planning. One of the triggers to review your will and estate planning is if you have divorced. In…
Time limits for making a claim for further provision
I am often asked about the time limits of when a claim for further provision from an estate can be made. When considering a claim for further provision from an…
When should you review your will?
When preparing a will for a client, I am often asked, “When should I review my will again?” There are certain “triggers” that you can keep in mind, to review…
Who is a spouse or de facto partner of a deceased?
I have received a number of enquiries lately in relation to a partner of a deceased wanting to either apply for Letters of Administration on Intestacy for their deceased partner’s…
Probate or Letters of Administration – What should you be applying for?
Dealing with a loved one’s estate can be challenging, especially if you need to obtain a grant of representation. To assist those with questions in relation to a grant of…
Protective Trusts: Protecting the vulnerable from themselves
What can you do when you want to leave something in your will to a loved one, but are concerned that they will not be able to manage their inheritance…
A court-ordered will – why getting it right is crucial
Today, the court is empowered under section 21 of the Succession Act 1981 (Qld) to authorise a will to be made on behalf of a person who does not have…
Executors versus beneficiaries – what are your rights?
Recently I’ve been contacted by a growing amount of people who are worried about the effectiveness and in some cases ulterior motives of a representative of an estate. An executor…