Dismissing a Family Provision Claim
I recently had the opportunity to review submissions made to a Court by an Executor wishing to have a Family Provision Claim dismissed. The basis of the application to dismiss…
Duties of an Attorney
In part one of my series on abuse of Enduring Powers of Attorney I addressed what an Enduring Power of Attorney is, and how to make one. When you are…
Legal costs when disputing a Will – don’t be fooled!
I read with interest the recent decision of DW v RW. Background The background to the matter is below: 1. DW made a family provision claim against RW, the Executor…
Grants of Representation
I read with interest an article about a prominent politician being granted probate on the estate of her former partner, against the wishes of his children. What is a Grant…
Abuse of Enduring Powers of Attorney
I read an article recently about the Human Rights Commission issuing a new guide on how retirees can protect themselves against fraud. According to the Human Rights Commission, the creation…
Challenging a Will based on capacity
With an increasing age expectancy in our population and the problems which arise as a result of age (such as dementia), it is becoming more common for people to challenge…
Mum’s contesting the Will, what should I do?
In many relationships, partners appoint each other as executors in their respective Wills. However, if one of those partners dies and the surviving partner is unhappy with what they have…
The top six reasons why you should not use a Will Kit – Part Two
In an earlier blog, The Top Six Reasons why you should not use a Will Kit - Part One, I explained the first 3 reasons why I think people should…
The top six reasons why you should not use a Will Kit – Part One
I often receive enquiries from individuals wanting to make a Will for the first time. They are often surprised to hear that making a valid Will is not a "five…
Obtaining a Grant of Probate in Queensland
Obtaining a Grant of Probate can be a complicated process if you do not know the process, what to look for and how to correctly complete the forms. I have…
The importance of reviewing your Will
Having a Will is one thing but having an up-to-date Will is another matter completely! Whilst I find that there is a general reluctance amongst people to make a Will…
Should I Lodge a Superannuation Death Benefit Claim?
I am often asked by clients for assistance with claiming a deceased relative’s superannuation monies. In most instances, a superannuation death benefit claim is lodged by the partner, child or…