NEWS + BLOG
One Voice or Many? Choosing the Right Power of Attorney Structure for Your Family
Parents frequently ask, “Can you have multiple powers of attorney?” While the short answer is yes, the more important question is whether having multiple attorneys is the right choice for your family. Each option has its own advantages and potential challenges. The right structure depends on your family dynamics, the people you've chosen, and how you want important decisions to be made.
Survivorship Rights: When a Joint Tenant Passes Away
If you owned a home or a block of land with the person who passed away, you might find yourself wondering what happens to that property now. In Queensland, the legal outcome largely depends on how the property’s title was set up.
Executor’s Discharge: The Right to a Release After Finalising an Estate
Stepping into the shoes of an executor of a Will in QLD is a profound act of service, but it can also feel like an overwhelming second job. There is one final, crucial piece that often catches people off guard. Before you transfer that final dollar, you need to consider how to protect yourself from future personal liability.
The Legal Limits of DIY Wills: Protecting Your Legacy with Professional Advice
When you want to get your affairs in order, picking up a pre-formatted Will kit from any number of outlets feels like a quick, cost-effective way. It might seem straightforward on the surface, but the legal reality under Queensland law is vastly different
Business Planning: Wills for Business Owners
We often see a great business plan accompanied by an unsound estate plan. Many entrepreneurs assume their standard personal Will covers their commercial interests, but the reality is that estate planning for businesses requires a much more meticulous approach.
Government Windfall: Who Gets the Estate if a Person Dies Without a Will or Beneficiaries
There has been a lot of talk about the “Government Windfall” – the millions of dollars in deceased estates in QLD that end up sitting in government accounts. But how does a life’s work end up in the hands of the state, and is there a way to find it?
The Importance of a Will for Family: Estate Planning for Young Families
Estate planning isn’t about anticipating the worst, it’s about protecting the people you love most if life takes an unexpected turn. Many young Queensland families delay making a will but is just as important for parents in their 20s, 30s and 40s as it is for older people.
What’s the Difference? Joint Tenants vs. Tenants in Common
When you’re buying property with another person, be it a spouse, business partner, family member, or friend, you face a fundamental legal question: how will you hold the title? We discuss these two fundamental types of property ownership under Queensland law and help you decide which one to choose.
Incapacity Planning and the Role of an Enduring Power of Attorney
Having a clear plan in place means the people you trust can help you when you need it most. An Enduring Power of Attorney is a central part of that preparation. We explore what an attorney can and can’t do and what this means for the executor after you pass away.
Efficiently Managing a Deceased Estate in Queensland
Understanding the estate administration process is essential to ensuring a timely and lawful resolution. In Queensland, several rules govern how a deceased estate is managed, what expenses can be claimed, and how to know when the estate is fully administered.
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](https://images.squarespace-cdn.com/content/v1/5e5cbf2f0e4624584d995443/d5b4d1f4-9898-4884-8e3f-ec88bd883b14/Bradley+Bray+Blog+banner+%2874%29.png)
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.
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.
Gift or Sale? Exploring Options for Property Transfer Between Family Members
Today, we’re diving into the legal world of property transfers, uncovering the intricacies of gifting and selling (including stamp duty implications of each option) and exploring how they fit into the larger picture of estate distribution.
Successful Resolution in Grant of Probate Estate Dispute
Winning an estate dispute can sometimes be a tough battle, especially when allegations of undue influence and concerns about the Willmaker's capacity are thrown into the mix. But, as we proved in a recent matter, with the right evidence and a strong legal team, victory can be had.
Does your Trust owe money to your estate?
Some estate executors may be surprised to discover that financial statements of trusts controlled by the deceased show that the trust owes the deceased money, either as loans or unpaid present entitlements.
Things You Need to Know About a Grant of Probate
Obtaining a grant of probate may be overwhelming. You need to seek legal advice to help you navigate the process seamlessly. Here’s what you need to know.
Recent Awards
