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 … Continue reading New legislative changes for Attorneys and Administrators

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Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Recently, the case of Saltmer v Rennick Lawyers Pty Ltd [2018] QSC 307 was heard in the Supreme Court of Queensland in Townsville where the Court was called upon to question of costs in a situation where a deceased person's family member requested a copy of a document held by a Solicitor that the family … Continue reading Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

For a while now, it's been a hazy question asked by succession lawyers alike about whether an attorney can make or renew a binding death benefit nomination for their principal's superannuation policy proceeds. On 24 August 2018, Justice Bowskill of the Supreme Court of Queensland delivered a decision on this very topic. The case of … Continue reading Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

The Unsent Text Message Will: Is it really that simple? No – it’s really not!

It’s likely been in your news feed recently that an unsent text message was held by a Queensland Court to be a valid Will.  It may seem quite unbelievable to some that this would even happen! On the other hand, maybe it doesn’t? Reviewing the comments that appear in many of the media articles online … Continue reading The Unsent Text Message Will: Is it really that simple? No – it’s really not!

No Will, no way?: Court refuses application for statutory Will in large estate (Qld)

Admittedly, it's not something that one regularly thinks about, but the issue of incapacitated people making Wills is a topic that achieves much discussion nowadays. Where a person doesn't have a Will, whether by choice or otherwise, the law provides what I like to call a "back-up plan" or formula, if you will, of how … Continue reading No Will, no way?: Court refuses application for statutory Will in large estate (Qld)

“Child Support”: Effect on earning capacity and meaning of “Support” in an FPA (Qld)

Imagine if you had a child with your partner and the relationship failed, resulting in your separation and shared parenting relationship.  Then, your former partner passes away. How much did you depend on your former partner for support or help? "Support" or "help" can be pretty subjective words when it's this kind of scenario.  You … Continue reading “Child Support”: Effect on earning capacity and meaning of “Support” in an FPA (Qld)

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