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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Suspicious circumstances surrounding a will – what are the odds?

Suspicious circumstances surrounding a will – what are the odds?

I am often approached with matters which involve a deceased person having changed their will suddenly before their passing. A claim of suspicious circumstances surrounding the execution of a will can sometimes be made in such a situation. Careful consideration is needed and there must be a legitimate concern relating to the purported will. What […]

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SMSF Succession Planning

SMSF Succession Planning

I recently read the case Ioppolo v Conti [2015] WASCA 45 with interest. This case addresses a number of issues which need to be taken into consideration when devising a succession plan for your SMSF. Facts of Ioppolo v Conti In summary the facts of Ioppolo v Conti are: Mr and Mrs Conti were the […]

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Family Provision Claims – How much is enough in the context of a large estate?

Family Provision Claims – How much is enough in the context of a large estate?

On 26 February 2015, the Western Australia Supreme Court handed down a significant and reinforcing judgement in the context of family provision claims in large estates. What were the facts? The facts of the case are as follows: the plaintiff was the 19 year old daughter of iron ore magnate, the late Michael Wright (the […]

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