Stepson left out of Will

In a recent Queensland Supreme Court decision Currey v Gault [2010] QSC 27 (8 February 2010), the Court has found that where a stepchild is left out of a Will, the stepchild will be entitled to provision from the Estate. The Facts The Willmaker left an estate worth $3 million to her niece and nephew

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

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

Informal Wills

What are Informal Wills? Informal Wills are 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, it can