Mutual wills & disentitling conduct – on The Heir Waves

In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some interesting cases, including one that involved mutual wills and another involving, my favourite topic, disentitling conduct. Have a listen below: Title: To love and to loathe: mutual wills and disentitling conduct In this episode, Caite & Michele…

Executors behaving badly: Successful removal and IA appointed (QLD)

Getting an executor removed for undesirable behaviour can be quite the challenge in practice. Many elements are part of the equation including the conduct of the parties, the nature of the estate, the steps required to be taken to finalise the estate and the cost of appointing someone separately to administer the estate. Normally, the…

New Power of Attorney & Advance Health Directive forms released (QLD)

The wait is now officially over with the new Queensland Powers of Attorney and Advamce Health Directive documents now being released. E documents are approved for use from 30 November 2020. These documents coincide with the legislative changes I wrote about regarding attorneys and guardians last year. This is the first update to these well…

Changes to decisionmaker laws to commence soon (QLD)

You might recall that last year I wrote a post on new changes to laws for attorneys and administrators following the passing of the Guardianship and Administration and Other Legislation Amendment Act 2019. With the craziness that we now call COVID-19, the implementation of these changes that was scheduled for 30 March 2020 was postponed…

Conduct that disentitles: son’s application for FPA fails (QLD)

When someone contests a Will after being left out or not getting what they feel is their fair share, it’s more often than not that the surviving family want to suggest that that person’s conduct doesn’t entitlement to more, or sometimes anything. This is what us #lawnerds term as “disentitling conduct” in the context of…

New legislative changes for Attorneys and Administrators

While no person expects, nor wishes, to experience a lack of capacity, the very real fact of life is that they may.  Incapacity can be long term or short term and can impact everyone quite differently. The question of someone’s capacity to understand the nature and the effect of something is fraught with difficulty mainly…

Important Amendments to Qld Succession Laws: a sign of the times

We live in a different age.  We live in a world where blended families are a common fixture within our communities.  I, personally, know many beautiful blended families and I’m sure many of my readers do also.  In fact, I’m sure there are some of my readers that may know blended families that are closer…

A Shared Life: Family provision claim by same-sex defacto of 30 years

For those of my readers who are not familiar with estate litigation matters, it is common for parties to apply to the Court to “sign-off” on negotiated outcomes following a private mediation.  This is particularly so where the estate property is comprised of real property. As such, I thought it worthwhile to write a short note on the latest case of Roberts…

Competing Relationships: Needs of De Facto vs Adult Children

Relationships and tragedy are a complex maze of emotions.  In the very sad case of Gore v Rouse [2017] QDC 98, Mr Gore was tragically killed in a tree lopping incident at the home of his de facto partner, Mrs Rouse. Mr Gore was 63 years old. Mr Gore was survived by three adult children, Tracey (from his first marriage),…