Having an estate plan is more than just having a will

Having an estate plan is more than just having a will

There seems to be a common misconception that having an estate plan is for wealthy people. Wrong. Having an estate plan is for everyone. It is about being prepared, minimising risk and making sure your loved ones receive the benefit of your estate. Today, there are many factors which influence an estate plan. Simply having […]

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Who is a child, and can they make a claim against your estate?

Who is a child, and can they make a claim against your estate?

In Queensland, for the purposes of making an application for further provision from an estate, a child is eligible. However, the definition of ‘child’ is three fold. Effectively, a child of a deceased includes: A natural child; An adopted child; or A step-child. Who are natural children? Under section 40 of the Succession Act 1981 […]

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Estrangement – are you in or are you out?

Estrangement – are you in or are you out?

Although unfortunate, it is common that parent and child are unable to forge out their issues. However, the result in some circumstances means their relationship is marred by estrangement. Estrangement between a deceased and a child seems to be a recurring issue that is raised with me by clients involved in a family provision claim. […]

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What happens to my estate if I die without a will?

What happens to my estate if I die without a will?

When you pass away without leaving a valid will, you are deemed to have died intestate. This means that your estate will be administered and distributed according to legislation. The benefit of having a will is that you can appoint an executor to administer your estate and dictate how you wish for your estate to […]

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What is your excuse for not having a will?

What is your excuse for not having a will?

When you die, you die. Nothing can be done from the grave that you haven’t planned for already. I’ve had many clients come in during their twilight years to make their first will. As surprising as this may seem, it’s actually quite common. The following are the reasons I hear most often about clients not […]

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Caveats over wills – use wisely

Caveats over wills – use wisely

Where there are questions as to the validity of a will, lodging a caveat over the will is an option which will give you time to investigate your questions. Having said that, there can be severe cost implications where a caveat is not for its proper purpose, so it is important to act reasonably and […]

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Not all is lost if you can’t find the original will

Not all is lost if you can’t find the original will

Recently, I have received a number of enquiries where a deceased’s original will cannot be found. When an original will cannot be found, a grant of probate can still be obtained on a copy of a lost will, however, the process is different to where there is an original will. How can I obtain a […]

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Disentitling Conduct – Mind your manners

Disentitling Conduct – Mind your manners

I am often asked by clients about “disentitling conduct” in the context of a claim for further provision from an estate by a child of a deceased. Clients generally raise with me things that the claimant has done to the deceased and the deceased’s family throughout the deceased’s lifetime, and want to know whether the […]

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Have you considered your digital assets in your estate plan?

Have you considered your digital assets in your estate plan?

I recently met with some clients to consider their estate plan. Since they last reviewed their estate plan they had accumulated significant digital assets. When considering your estate plan it is important to ensure you have catered for your digital assets and their management and distribution. What are digital assets? A digital asset is anything […]

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Blyth v Wilken – Ending a De Facto Relationship May Change Your Will

Blyth v Wilken – Ending a De Facto Relationship May Change Your Will

I have previously blogged about when you should review your will and estate planning. One of the triggers to review your will and estate planning is if you have divorced. In the case of a divorce, any references to your former spouse will be omitted from your will. The position on whether the end of a […]

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