Estranged Child Left Out of 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 left out a Will, the child will not automatically be entitled to benefit from the deceased’s Estate. The Facts The will maker left an estate […]

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What happens if I don’t have an Enduring Power Of Attorney?

What happens if I don’t have an Enduring Power Of Attorney?

Powers of Attorney are an important legal document that I encourage all of my clients to make. By simply having a valid power of attorney in place will help to eliminate the expense and stress on your loved ones having to go through the Guardianship and Administrative Tribunal to be appointed as your Attorney. Types […]

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Contesting a Will – Family Provision Applications

Contesting a Will – Family Provision Applications

One of the most common ways for a Will or deceased estate to be contested is through a Family Provision Application. It is therefore important for anyone making a Will to keep in mind that the Court is allowed to intervene where a certain person is excluded from a Will. If a family member feels […]

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Cultural and religious considerations when making a Will

Cultural and religious considerations when making a Will

I have read with interest the matter of Omari v Omari. Mrs Omari passed away in 2009. One of her children challenged the validity of Mrs Omari’s Will on the grounds that Mrs Omari lacked testamentary capacity to make her Will (due to alzheimers/dementia). The judge determined that Mrs Omari did not have testamentary capacity […]

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Do you have the capacity to make a Will?

Do you have the capacity to make a Will?

I have recently come across families wanting to make wills for their elderly mother or father. Whilst this is achievable, it must be done to minimise any risk of a challenge to the validity of the will. Also there must be under no undue influence or pressure. It is important to keep in mind that […]

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What is a Testamentary Trust Will and why should I have one?

What is a Testamentary Trust Will and why should I have one?

What is a Testamentary Trust Will? A “Testamentary Trust Will” effectively creates a Testamentary Trust within your Will. For those who have a family trust, the concept is quite similar (in that the trustee of the trust can distribute income to the trusts nominated beneficiaries). However, a Testamentary Trust only comes into play upon your […]

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Mutual Wills and Blended Families

Mutual Wills and Blended Families

Mutual Wills date back to the 18th Century and have long been considered a good estate planning mechanism for couples who want to reach an agreement that effectively provides neither party will change their Will without the knowledge or approval of the other. However, a risk with creating Mutual Wills in today’s society arises due […]

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Informal Wills

Informal Wills

What is an Informal Will? An informal Will is a Will that does not conform to the formal requirements of the relevant estate law. For example, it may have been incorrectly signed or witnessed or it may be an electronic document. Whilst the Court does have the power to grant Probate for an informal Will, […]

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Using your Will to help a bankrupt friend or relative

Using your Will to help a bankrupt friend or relative

Did you know that if you leave money in your Will to a beneficiary who is an undischarged bankrupt, then that beneficiary’s entitlement could end up going to their creditors? When a person declares bankruptcy, they will usually remain an undischarged bankrupt for a period of three years. If a Will maker passes away, and […]

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Borrowing through your Super Fund – The Practical Side

Borrowing through your Super Fund – The Practical Side

OK, so you have a self-managed super fund (SMSF) and are comfortable using the cash in it to leverage into a loan to buy property. You know that the super rules allow this if a bare trust is set up as the buyer of the property. You have found a property and want to sign […]

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