Deceased Estate Debts
I am often asked by clients acting as Executors or Administrators of a deceased Estate how to manage and pay the debts of a deceased Estate. Before paying the debt…
What changes can be made to distributions in a Will after the Will maker has passed away?
I often have Executors asking me what changes can be made to the distributions to beneficiaries in a Will when they are completing the administration of the Will maker’s Estate.…
Philip Seymour Hoffman’s Will – What conditions can be placed on bequests?
I have been reading about the administration of the Estate of Philip Seymour Hoffman, who tragically passed away recently. His Will made a number of bequests, but included rules for…
Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza & Ors – A landmark case for Family Provision Applications
I read with interest a decision recently handed down in the Supreme Court in the matter of Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza…
What happens to my HELP education debt if I pass away before paying it off?
I often receive enquiries as to what debts a person’s Estate must pay, and what debts do not form part of the Estate. The debts that don’t form part of…
Questions of capacity – when there are suspicions about a Will maker’s capacity at the time of making their Will
I recently read an article from the UK about an elderly lady who committed suicide, leaving her £250,000 bungalow to her doctor’s daughter, and the residue of her Estate to…
The top four reasons why you should not use a DIY Estate administration kit – Part 4
In this series, I have addressed the first three reasons why I believe you should not use a DIY Probate or DIY Letters of Administration Kit. If you could like…
Rights of Adopted Children in Estate Litigation
Recently I received an enquiry from a woman whose son’s biological father had passed away. The woman’s second husband (then the boy’s stepfather) had adopted the boy some years ago…
My loved one has passed away – how do I know if they had superannuation?
I recently received an enquiry from someone who was trying to deal with an Estate where the deceased had died without a Will. Among other enquiries as to how to…
The top four reasons why you should not use a DIY Estate administration kit – Part 3
In my third instalment of this series, I would like to address why it is important to obtain legal advice when completing the administration of an Estate, and why a…
What is the difference between the right to reside and a life interest?
A recent decision by the Supreme Court of Queensland has provided guidance on the distinction between a Will maker granting a right to reside and a life interest to someone…
Compensating an Attorney when a gift in a Will is destroyed, sold or given away prior to the Will maker’s death
The Powers of Attorney Act 1998 (Qld) allows the Court to compensate Attorneys when their benefit from a principal’s Estate is lost due to the sale or other dealing with…