Wills

The top six reasons why you should not use a Will Kit – Part Two

The top six reasons why you should not use a Will Kit – Part Two

In an earlier blog, The Top Six Reasons why you should not use a Will Kit – Part One, I explained the first 3 reasons why I think people should not use a Will Kit to record their last wishes. To recap, the six reasons are: Your wishes may not be carried into effect. A […]

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The top six reasons why you should not use a Will Kit – Part One

The top six reasons why you should not use a Will Kit – Part One

I often receive enquiries from individuals wanting to make a Will for the first time. They are often surprised to hear that making a valid Will is not a “five minute job”. This is often followed by a comment to the effect, “can I just use the Will Kit I purchased from the post office?” […]

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The importance of reviewing your Will

The importance of reviewing your Will

Having a Will is one thing but having an up-to-date Will is another matter completely! Whilst I find that there is a general reluctance amongst people to make a Will in the first instance, I find people are even more reluctant to review and update it. Further, a lot of people do not see the […]

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What is the difference between an informal codicil, assignment of an interest and a renunciation/disclaimer?

What is the difference between an informal codicil, assignment of an interest and a renunciation/disclaimer?

You may recall my recent blog post about documenting your intentions correctly. In that blog, I gave a brief overview of the recent Queensland Supreme Court decision of Gamer v Whip [2012] QSC 209 (30 July 2012). In that case, the Court had to consider whether a document signed by a beneficiary was an informal codicil, […]

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Document your intentions correctly to avoid challenges to your Will

Document your intentions correctly to avoid challenges to your Will

I recently read the Queensland Supreme Court decision of Gamer v Whip [2012] QSC 209 (30 July 2012), in which the Court had to decide whether a particular document was an informal codicil to the deceased’s will, a renunciation of a beneficial interest in another person’s will, or an assignment of an interest in an […]

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Challenging a Will in a Family Provision Application

Challenging a Will in a Family Provision Application

If you are involved in a dispute over a will, or challenging a will, the case of Catelan v Herceg [2012] QSC 320 (25 October 2012) will be of interest. The Court had to decide whether to allow an application from the Executor to dismiss a claim from a wife for further provision from an […]

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The Effect Of Renunciation Of An Executorship

The Effect Of Renunciation Of An Executorship

I recently read the Queensland Supreme Court decision of Micallef v Micallef; Arrowsmith v Micallef [2012] QSC 239 , in which the Court had to consider the effect of three step-children renouncing their interest in the estate. Background The facts of this case are as follows: Prior to his death, Mr Dumesny left a will […]

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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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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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