NEWS + BLOG

Who Can Contest a Will in Queensland?
Blog, Succession Planning Jacob Corbett Blog, Succession Planning Jacob Corbett

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.

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The Role of the Executor in a Will

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.

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What is a Bequest in a Will?
Blog, Succession Planning Jacob Corbett Blog, Succession Planning Jacob Corbett

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.

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Will Kits Can Lead to Unforeseen Costs: Case Summary - Bain v Demarchi

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.

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Case Summary: Cole v Walsh
Succession Planning, Blog Peter Griffin Succession Planning, Blog Peter Griffin

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.

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7 Estate Planning Mistakes Blended Families Must Avoid
Blog, Succession Planning Jacob Corbett Blog, Succession Planning Jacob Corbett

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.

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Why Due Diligence Matters When Buying a Family Business
Blog, Commercial Law, Succession Planning Jacob Corbett Blog, Commercial Law, Succession Planning Jacob Corbett

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.

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Can My De Facto Make a Claim on My Estate?
Blog, Succession Planning Jacob Corbett Blog, Succession Planning Jacob Corbett

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?”

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What's the Difference Between Challenging and Contesting a Will?
Blog, Succession Planning Jacob Corbett Blog, Succession Planning Jacob Corbett

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.

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Trustees beware
Blog, Commercial Law, Succession Planning Peter Griffin Blog, Commercial Law, Succession Planning Peter Griffin

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.

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