Conduct disentitling – how far does a beneficiary have to go to write themselves out of a Will?

Conduct disentitling – how far does a beneficiary have to go to write themselves out of a Will?

I read an article recently about a man who was found guilty of the manslaughter of his mother just two weeks after she had changed her Will, leaving him the…
Haggarty v Wood – “Testamentary contract” or a Will executed under “undue influence”?

Haggarty v Wood – “Testamentary contract” or a Will executed under “undue influence”?

I read with interest a decision in the Queensland Supreme Court delivered on 29 November 2013 which concerned the necessary requirements for the pleading of two types of claims often…
Gundy v Eatts – Redefining “child” according to Aboriginal tradition

Gundy v Eatts – Redefining “child” according to Aboriginal tradition

A landmark decision in the Queensland Supreme Court was delivered on 1 November 2013 which may allow Indigenous people to make claims from deceased Estates as “children” of the deceased,…
When can the Court make a Will?

When can the Court make a Will?

Recently I read a case where the Court authorised the making of a Will for a man who suffered from dementia to such a degree that he did not have…
When is a Will a Will?

When is a Will a Will?

I recently read with interest a news article about a woman who tried to claim a share of her secret lover’s multimillion dollar estate. Her claim was based on a…
Competing Attorneys – What happens if I have two Enduring Powers of Attorney in place at the same time?

Competing Attorneys – What happens if I have two Enduring Powers of Attorney in place at the same time?

Recently I received an enquiry about what happens if a person appoints two Attorneys under two separate Enduring Powers of Attorney with the same terms, but at different times. If…
iWill – The latest development in informal Wills decisions

iWill – The latest development in informal Wills decisions

I was interested to read an article about a recent case where the Supreme Court in Brisbane ruled that a Will typed into a smartphone was valid. The deceased typed…
Victim of abuse of an Enduring Power of Attorney? What to do, who to tell and who can help

Victim of abuse of an Enduring Power of Attorney? What to do, who to tell and who can help

I have previously addressed what an Enduring Power of Attorney is and the duties of an Attorney. Now that you know who they are and what they are supposed to…
Protecting your wishes – Common cases where Wills have been contested

Protecting your wishes – Common cases where Wills have been contested

Throughout my years as a Wills and Estates lawyer, the most common misconception I have noticed among clients a belief that their Will is bulletproof. Unfortunately, even with the best…
The top four reasons why you should not use a DIY estate administration kit – Part 1

The top four reasons why you should not use a DIY estate administration kit – Part 1

I have noticed that there are now “DIY Probate” and “DIY Letters of Administration” kits available on the internet (for a fee), which claim to show the buyer how to…
Advance Health Directive – Why, When and How?

Advance Health Directive – Why, When and How?

I recently read a blog article by a Canadian lawyer which summarised and discussed a recent decision of the Supreme Court of Canada. In that case, the Court ruled that…
What do I do if I only have a copy of a Will?

What do I do if I only have a copy of a Will?

Recently, I read about an application which was made to the Court to allow a copy of a Will to be used to obtain a Grant of Probate. Usually when…
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