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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Time limits for making a claim for further provision

Time limits for making a claim for further provision

I am often asked about the time limits of when a claim for further provision from an estate can be made. When considering a claim for further provision from an estate, it is important to act sooner rather than later as an unexplainable delay could mean the court will refuse to hear your claim. You […]

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When should you review your will?

When should you review your will?

When preparing a will for a client, I am often asked, “When should I review my will again?” There are certain “triggers” that you can keep in mind, to review your will. I have set these triggers out below.   Marriage Marriage revokes a will. Therefore, if you intend to marry, or have recently married, you […]

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Who is a spouse or de facto partner of a deceased?

Who is a spouse or de facto partner of a deceased?

I have received a number of enquiries lately in relation to a partner of a deceased wanting to either apply for Letters of Administration on Intestacy for their deceased partner’s estate or to make a claim against the estate. To be the ‘spouse’ of a deceased, consideration must be given to your specific circumstances. I […]

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Probate or Letters of Administration – What should you be applying for?

Probate or Letters of Administration – What should you be applying for?

Dealing with a loved one’s estate can be challenging, especially if you need to obtain a grant of representation. To assist those with questions in relation to a grant of representation, and whether it is necessary to obtain such a grant, I have outlined some questions that I am often approached with. What is a […]

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Protective Trusts: Protecting the vulnerable from themselves

Protective Trusts: Protecting the vulnerable from themselves

What can you do when you want to leave something in your will to a loved one, but are concerned that they will not be able to manage their inheritance adequately? It may be worthwhile considering establishing a protective trust for your loved one.   What is a protective trust? Under a protective trust, the […]

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A court-ordered will – why getting it right is crucial

A court-ordered will – why getting it right is crucial

Today, the court is empowered under section 21 of the Succession Act 1981 (Qld) to authorise a will to be made on behalf of a person who does not have the capacity to independently make a will. Making sure all information in relation to the proposed will maker (who has lost capacity) is readily available […]

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Executors versus beneficiaries – what are your rights?

Executors versus beneficiaries – what are your rights?

Recently I’ve been contacted by a growing amount of people who are worried about the effectiveness and in some cases ulterior motives of a representative of an estate. An executor or trustee of a deceased estate has a duty to the beneficiaries to protect the estate’s assets and ultimately, their inheritance. If a representative breaches […]

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