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.
When a Court Can Make a Will in Queensland
In Queensland, the statutory Will acts as a powerful legal safety net, allowing the court to step in and protect a person’s dignity and intentions when they cannot do so themselves. As succession lawyers, we’ve created this quick guide to explain how this process ensures assets are distributed according to a person's likely wishes rather than a rigid legal formula.
What You Need to Know About Gifting Before or During Retirement
Providing a financial leg-up to loved ones can be a rewarding experience. However, moving a significant sum of gift money or transferring an asset is never as simple as you might expect. Read on to get a good start in making a well-informed decisions about gifting.
What to Know About Inheritance Laws in Queensland
Inheritance isn’t just about who gets the vintage watch or the family home; it’s a regulated process governed primarily by the Succession Act of Queensland. We help shed light on the topic of inheritance and succession and break down the essentials.
What Happens If I Have to Act Under a Power of Attorney for Medical Decisions?
Being an Attorney is a profound legal responsibility that requires diligence and compassion. We outline the key considerations you’ll need to make if you are appointed as the Attorney for personal and health matters under an EPOA.
Who Inherits Your Super? Why a Binding Death Benefit Nomination Matters
Many people are surprised to learn that without a Binding Death Benefit Nomination (BDBN), your super fund decides who gets your balance… and it might not be who you expect.
7 Common Mistakes Executors Make and How to Avoid Them
We take charge of supporting all clients across Queensland to deal with the complexities of estate administration. Here are seven of the most common executor mistakes and several expert tips on how to avoid them.
Intestate Succession: What Happens When There’s No Will?
A dying intestate where the is estate will be distributed according to intestacy rules under Queensland law. Let us walk you through the process and help you understand what you must do.
Managing Debts in a Deceased Estate: What Executors Need to Know
When your loved one passes away, the duty of managing their estate falls to the executor, who needs to go through a complex process known as estate administration. As a deceased estate executor, learning to deal with these financial obligations is inarguably vital.
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.
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