Horwood v Ah Shay [2014] QDC 199 – When will provision be made for a step-child from a small estate?

Horwood v Ah Shay [2014] QDC 199 – When will provision be made for a step-child from a small estate?

I have recently written about step-children and their eligibility to apply to the Court for provision from their step-parent’s estate. I have now read with interest a recent decision in…
When is a solicitor responsible for their client passing away without a Will?

When is a solicitor responsible for their client passing away without a Will?

I often have clients who urgently require a Will as they have received a terminal diagnosis, are about to take a trip or are elderly. The question of whether or…
Can my step-children contest my Will? When is a step-child, a child?

Can my step-children contest my Will? When is a step-child, a child?

I often receive enquiries from people who are interested in contesting their step-parent’s Will. Usually I receive these calls from people whose natural parent has passed away, leaving their estate…
Can someone make a Will if they are under the age of 18?

Can someone make a Will if they are under the age of 18?

I read with interest a recent decision of the Supreme Court, in which a Will was authorised to be made for a minor. What is the test for circumstances in…
What will happen if I don’t provide for my children in my Will?

What will happen if I don’t provide for my children in my Will?

I often find that when a client wishes to leave their child or children out of their Will, it is because there has been a period of estrangement between the…
In the Matter of David Wayne Swan [2014] SASC 65 – A cautionary tale of a charitable trust

In the Matter of David Wayne Swan [2014] SASC 65 – A cautionary tale of a charitable trust

I am often approached by clients who would like to leave gifts to charities in their Will. I was interested to read a recent decision of the Supreme Court of…
Can a beneficiary be forced to forfeit their rights under a Will?

Can a beneficiary be forced to forfeit their rights under a Will?

I was interested to read a recent decision of the Supreme Court of Queensland concerning a man, Mr N, who was found guilty of assisting his friend, Mr W, to…
Lemon v Lemon & Anor [2014] QSC 123: A new precedent for admitting a copy of a Will to Probate

Lemon v Lemon & Anor [2014] QSC 123: A new precedent for admitting a copy of a Will to Probate

I have previously written about what can be done if only a copy of a Will can be located. A new decision has been handed down recently which provides further…
In what circumstances will a Court refuse to re-seal a grant of Letters of Administration from another state?

In what circumstances will a Court refuse to re-seal a grant of Letters of Administration from another state?

I was interested to read a recent decision of the Supreme Court of South Australia in which the Court refused to re-seal a grant of Letters of Administration from Victoria…
What happens when an Administrator of an Estate is also a superannuation fund beneficiary? Is there a conflict of interest?

What happens when an Administrator of an Estate is also a superannuation fund beneficiary? Is there a conflict of interest?

I was interested to read a decision handed down on 16 May 2014 by the Supreme Court which has provided guidance on situations where the Administrator of a deceased Estate…
Distributing a Deceased Estate

Distributing a Deceased Estate

I am regularly contacted by clients facing pressure from relatives and beneficiaries of a deceased Estate to distribute the assets of the Estate as soon as possible. Should I distribute…
Living forever through your Estate plan – virtual legacy

Living forever through your Estate plan – virtual legacy

I have written before about who receives your password if you pass away, but I have recently read about new services that are available which take the concept of a…
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