Leading Wills, Estates & Succession Lawyers

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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?”

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.

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? 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.

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.

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.

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.