Whose Will applies if my partner and I die at the same time?
Nobody likes to think about dying, let alone passing away at the same time as your partner. However, if a freak accident occurs and you pass away together, a question…
Contesting a Will and filing caveats
If there are issues with a Will or in an estate, there is an option of filing a ‘caveat over the Will’ or a ‘caveat over the estate’. The impact…
De facto relationships in the context of estate planning
A de facto relationship refers to a relationship between two individuals who are not legally married, but live together and function as a married couple. The criteria for establishing a…
Is an executor obligated to take on the job?
No, just because they have been named as an executor in a Will, does not mean they must accept the position. They are under no legal obligation to act if…
The difference between separation and divorce when it comes to your estate planning
An interesting dynamic I often see when I am taking instructions for a client’s estate planning is that they have separated from their partner but have not divorced. It appears…
Plan your estate before the holiday season
As the busy holiday season is fast approaching, it is important to get your estate planning documents in order now – before leaving it too late. Conversations around estate planning…
6 steps to consider before selling or transferring an estate property
If you are an executor or administrator handling a deceased person’s estate, there will usually be a home or other investment property to distribute as part of the process. The…
Frequently asked questions about probate in Queensland
When someone passes away, often a key term that arises, is probate. However, many people do not understand what it is and why it might be needed. Below are some…
What happens if an executor loses capacity?
An executor is a person appointed under a Will to administer a deceased’s estate in the best interests of the beneficiaries. However, in some situations, the person named as executor in…
10 steps to consider when making a Family Provision Application in Queensland
A ‘family provision application (FPA)’ is an application to the Court made by certain eligible person/s who have not been adequately provided for in a Will. In Queensland, the majority…
Gifting to Charities in your Will
It is not uncommon for people to give a gift or even a percentage of their estate in their Will to a charity or charities. In the media lately, the…
Administering an estate: superannuation death benefit tax
When I’m considering a client’s estate planning, it’s not just about considering their Will. It’s necessary to take a holistic approach, and it’s critical that your solicitor does so. An…