NEWS + BLOG
A Guide to Altering, Revoking & Updating a Will
Life is dynamic and circumstances change, so it pays to know how to update your Will effectively to reflect those changes in your life. With our quick guide to revoking, updating and altering a Will, you can better understand these legal processes in Queensland.
How to Provide for Your Pets in a Will
With over 69% of Australian households owning pets, it’s no surprise that many people want to ensure their ‘furbabies’ or beloved companions are cared for after they’re gone. We explore how to provide for pets in a Will, covering relevant legal considerations, practical tips, and different arrangement options.
Case Summary: Staley v Hill Family Holdings Pty Ltd [2024] QSC 176
We explore the complexities of trust disputes in the Supreme Court of Queensland's ruling in Staley v Hill Family Holdings [2024] QSC 176. This case highlights the challenges in interpreting trust deeds and the issues that arise from conflicts between trustees, Appointors, and potential beneficiaries.
Who Can Contest a Will in Queensland?
Navigating the intricacies of wills and estate disputes in Queensland requires a clear understanding of the legal framework and your rights as a potential claimant or beneficiary. We explore the grounds for challenging a will, eligibility criteria for claimants, timelines for legal action, and the pivotal role of legal advice in protecting your interests.
Prioritising the Protection of Vulnerable Beneficiaries in Estate Planning
Having vulnerable loved ones can be worrisome, especially when considering how they would cope in your absence. Through careful estate planning, you can ensure they are well-protected and properly cared for both financially and physically.
The Role of the Executor in a Will
The role of executor in a will is a sensitive one, requiring attention to detail and financial acumen. The executor is responsible for managing the deceased's affairs, ensuring that their wishes as expressed in the will are carried out, and that the estate is settled in accordance with applicable laws. We explain these roles in more detail in our recent guide.
Case Summary: Jensen v Mlynarik [2024] QSC 19
The case of Jensen v Mlynarik [2024] QSC 19 serves as an important reminder of the difficulties involved in administering an estate when a family member refuses to co-operate and refuses to act reasonably.
What is a Bequest in a Will?
In the world of wills, understanding what a bequest is holds significant importance. For individuals, a bequest is a tool that lets them determine what happens to their assets after they pass away. We help you understand the essentials of bequests — defining what they are, understanding their impact, and realising their importance in estate planning. A bequest is more than a strategic decision; it reflects a deliberate plan, empowering individuals to decide who inherits their property.
Do I Have to Divide Assets Equally When Making a Will in Qld?
The freedom to distribute your assets as you see fit is one of the fundamental principles of will-making. However, it's important to understand the nuances, considerations, and potential consequences of unequal asset distribution when making your will.
Will Kits Can Lead to Unforeseen Costs: Case Summary - Bain v Demarchi
Partner Peter Griffin explores a case which underscores the significance of comprehending the intricacies of will drafting and clauses. A seasoned will drafter would have advised Paulo to designate an alternate beneficiary to Rhonda in case of her demise within 30 days of his own passing. Recording Paulo's alternate beneficiary could have averted the need for a court decision, ultimately saving all involved parties from legal expenses, stress, and the personal time consumed by litigation.
Case Summary: Cole v Walsh
This dispute centred around lease covenant clause 29, which obligated the club to certain RSL-related activities. When the RSL sold the land, the club argued it was no longer bound by these obligations. However, the court determined that these obligations were personal to the RSL and did not transfer with the land, ruling in favour of the RSL and awarding $182,000 in damages. This case serves as a reminder of the complexities in property transactions and leases for both lessors and lessees.
7 Estate Planning Mistakes Blended Families Must Avoid
Planning your estate is important to secure the future for your loved ones after you're gone. But if you're part of a blended family, the process can be more intricate due to the complex relationships involved. In this blog post, we delve into the world of blended family estate planning and highlight seven common mistakes that you should steer clear of.
Digital Assets in a Will: How to Protect Your Digital Wealth
Just like planning for your physical and financial assets, arranging for what will happen to your digital assets after you die is important. Including them in your will is the best way to make sure your digital legacy is passed on in the way you intended.
Why Due Diligence Matters When Buying a Family Business
So, you’re considering acquiring a family-owned business? That’s an exciting prospect! But before you sign on the dotted line and embark on this new venture, it’s crucial to understand the pivotal role due diligence plays in the process. Here’s why due diligence is a non-negotiable step when buying a family business in Australia.
Can My De Facto Make a Claim on My Estate?
In recent years, de facto partnerships have become increasingly prevalent in Australia. As more couples choose to live together in committed relationships without getting married, it’s vital to recognise the impact these relationships can have on your estate planning. So through this blog post, we aim to provide valuable insights and knowledge regarding the question that may be on your mind: “Can my de facto make a claim on my estate and what can a de facto claim?”
Implications for Discretionary Trusts
The webinar attended by Peter Griffin and Chloe Whereat highlighted the need for legal advisers to be diligent in reviewing trust deeds and ensuring they are tailored to the client's specific needs and objectives.
What's the Difference Between Challenging and Contesting a Will?
A good start is understanding the differences between 'challenging' and 'contesting' a will. While they may seem like the same thing, there are actually many differences between contesting a will and challenging a will in Queensland. To know where you stand and what your options may be, continue reading as we explain the differences.
Is your Binding Death Benefit Nomination valid?
Is your binding death benefit nomination valid? In the case of Williams v Williams & Anor [2023] QSC 90 a Binding Death Benefit Nomination was found to be invalid because it did not comply with the specific requirements of the SMSF’s governing rules.
Trustees beware
As a trustee, you have a crucial obligation to act in good faith, responsibly, and reasonably. You must inform yourself of all relevant matters before making any decisions and seek professional advice when required. Failure to do so can result in serious consequences, such as being removed as a trustee or held personally liable for losses suffered by the trust or beneficiaries.
How Divorce Affects Your Estate Planning
Going through the process of divorce is difficult, and there are a number of considerations to make to protect your assets going forward. In this blog we outline key changes to consider in your will and provide a checklist of priority actions for your estate plan after separation and divorce.