Objecting to a Superannuation Death Benefit Payment
A client of mine was recently approached by his brother to sign a one page form which would allow the brother to receive his Deceased mother’s superannuation death benefit payment…
Interdependency and Superannuation Death Benefit Claims
When lodging a superannuation death benefit claim, it is important that the material lodged provides information regarding the financial and non financial interdependency between the Deceased and the person claiming…
What is the difference between an informal codicil, assignment of an interest and a renunciation/disclaimer?
You may recall my recent blog post about documenting your intentions correctly. In that blog, I gave a brief overview of the recent Queensland Supreme Court decision of Gamer v Whip…
Document your intentions correctly to avoid challenges to your Will
I recently read the Queensland Supreme Court decision of Gamer v Whip [2012] QSC 209 (30 July 2012), in which the Court had to decide whether a particular document was…
Challenging a Will in a Family Provision Application
If you are involved in a dispute over a will, or challenging a will, the case of Catelan v Herceg [2012] QSC 320 (25 October 2012) will be of interest.…
Removal of Estate Administrator
I recently read the Queensland Court of Appeal decision of Pierpoint v Liston [2012] QCA 199, in which the Court had to decide whether to revoke Letters of Administration granted…
The Effect Of Renunciation Of An Executorship
I recently read the Queensland Supreme Court decision of Micallef v Micallef; Arrowsmith v Micallef [2012] QSC 239 , in which the Court had to consider the effect of three…
Disclaiming Entitlements Under A Will
I recently read the Queensland case of The Trust Company Limited v Gibson & Anor [2012] QSC in which the Executor of an estate applied to the Court to address a…
SMSF Trusteeship and Enduring Powers of Attorney
I have recently been approached by a client who is travelling overseas indefinitely. The client is a trustee of his own self-managed superannuation fund. The client was concerned, that as…
Enduring Powers of Attorney Explained
I read with interest Noel Whittaker Article Sunday Mail in the Sunday Mail on 18 November 2012 regarding the complexities of Enduring Powers of Attorney. In light of this, I thought…
Stepson left out of Will
In a recent Queensland Supreme Court decision Currey v Gault [2010] QSC 27 (8 February 2010), the Court has found that where a stepchild is left out of a Will,…
Estranged Child Left Out of Will
Dawson v Joyner In a recent Queensland Supreme Court decision Dawson v Joyner [2011] QSC 385 (12 December 2011), the Court has found that where an estranged child has been…