Enduring Powers of Attorney – Financial Abuse

Enduring Powers of Attorney – Financial Abuse

An Enduring Power of Attorney is one of the most powerful documents that you will ever sign. This was highlighted in a recent article in the Sunday Mail by Anthony Gough, Anthony highlighted cases where elderly people had fallen victim to abuse by people that they had appointed as their attorney. Thirty-two percent of recent […]

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Key Issues To Include In Your Will

Key Issues To Include In Your Will

Anthony Keane published an article entitled “Have you the will to leave your family in peace?” in the Courier Mail on 13 June 2011. Anthony quotes Darren James of AMP Financial Planning. In the article Anthony summarises some of the key issues that Darren James considers should be included in the Will. All of the points […]

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Why every property owner needs a Will

Why every property owner needs a Will

I was recently interviewed by Jemma Pearson of My Property Preview where she published an article entitled “Get it Write”. The article highlights the importance of reviewing your Wills when you purchase or sell property. I have highlighted in this post some of the important issues covered in the article. Mortgages on Property It is important […]

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Codicil or New Will?

Codicil or New Will?

A codicil amends, rather than replaces, a previously executed Will. Such amendments may add or revoke small provisions of the Will, or may completely change the majority, or all, of the gifts under the Will. Historically, the concept of a codicil arose as a time saving exercise given the expectations that legal documents were to […]

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Disputes about Burial and Testamentary Capacity

Disputes about Burial and Testamentary Capacity

I read an interesting article written by Kay Dibben in the Sunday Mail on 1 May 2011, about four siblings who went to court within days of their father’s death, stopping his funeral and burial. James Maurice Hoolahan, aged 82 at the date of his death, changed his Will a month prior to his death, leaving nothing […]

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Have you adequately provided for your children in your Will?

Have you adequately provided for your children in your Will?

I read the article in the Courier Mail on 19 March 2011, about the dispute erupting over the late Ken Talbot’s estate, with great interest. Mr Talbot died in June 2010, has an estate estimated to be greater than $1 billion. Mr Talbot was survived by 4 children – 2 from his first marriage, and […]

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What happens when a person dies without a Will (ie Intestate)?

What happens when a person dies without a Will (ie Intestate)?

I was recently asked by Tim Moore of Business and Estate Planning specialists as to what happens when a person dies without making a Will, and how is the Estate of the deceased person distributed? This is a very good question and highlights the need to have a valid and binding Will so that upon […]

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How to Properly Sign a Will

How to Properly Sign a Will

I was recently at a professional development training day with Business and Estate Planning Specialists, when the question was raised as to how a Will can be validly executed. Formal Requirements for signing a Will Section 10 of the Succession Act (Queensland) deals with the formal requirements for the signing of a Will. I will […]

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No Certainty in Court Costs Being Paid by the Estate

No Certainty in Court Costs Being Paid by the Estate

There was once a perception that a claimant’s costs, even an unsuccessful claimant, would be paid by the estate when making an application for further provision from an Estate. Previously, a claimant needed to show that they were a party entitled to make a claim, (namely a spouse, child, or dependent), and that adequate provision […]

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A Horror Story: Why Having a Business Will is Important

A Horror Story: Why Having a Business Will is Important

A Business Owner dies without a business Will and personal Will, leaving his wife and business partners in financial difficulty. I recently spoke with a colleague who relayed a tale of woe about a business owner he knew who passed away recently. About 5 years ago the deceased (Partner A) and his business partners (Partners […]

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