In a recent Supreme Court decision, a tape-recorded message has been found to be a valid Will.
Estate Planning
Who will organise my funeral?
Disputes can arise of the distribution of estate, but recently a dispute arose over the burial of a child. Who is responsible for funeral arrangements? What if there is no executor as there is no will? How to avoid a dispute.
Making a Will can ensure your estate is distributed according to your wishes
Are you over 18 years of age and haven’t yet made a valid Will? If this is you, do you know what happens to your estate after your passing?
Queensland Court finds unsent text message counts as a Will
Does a Will drafted on your phone/mobile device count as a valid Will? The Supreme Court Queensland has again been required to rule whether a draft text message saved to a phone is a valid Will.
DIY Will Kit proves Unnecessarily Expensive
Do you have a properly drafted Will? In a recent District Court case, Floyd v Floyd & ORS, Judge Andrews had to interpret a number of ambiguous clauses in a DIY Will Kit which had been completed by the deceased.
De facto Relationships and Stepchildren – Do you need to update your Will?
Amendments made to the Succession Act regarding de facto relationships and stepchildren came into effect from 5 June 2017.
SMSF Beneficiary Nominations
It is not well-known or understood that on a Member’s death their superannuation benefits do not automatically form part of their estate. Nor can they be given away by a person’s Will. Most Superannuation Fund Trust Deeds require the Trustee to take into account the Member’s beneficiary nomination. Any person setting up a SMSF should ensure that they put in place a valid death benefit nomination.
What is a Statutory Health Attorney?
Statutory health attorneys’ can make decision in regards to most health care matters, these may range from the consent to surgical treatment to the cessation of life support. However, a statutory health attorney cannot make decisions that would be classed as special health care decisions. A statutory health attorney’s power to act will only begin when the person lacks capacity.
Solicitors Duty of Care to Intended Beneficiaries
Recently the High Court of Australia handed down their decision in the case of Badenach v Calvert which is a significant decision for solicitors, those who may wish to execute a Will and those who may have already executed their Will and are considering altering their testamentary intentions.
Paying Estate Debts: Hands-Off the Life Insurance Policy and Superannuation!
turned_in_notEstate Planning, Estates
Paying debts and liabilities of an estate must be done by the deceased’s personal representative upon that person’s death.
News
Preparing for Compliance with the Child Safe Standards under the Child Safe Organisations Act 2024
Claiming an executor’s commission
Do’s and Don’ts for Separated Parents
Superannuation Death Benefits and Estate Planning: What You Need to Know
50 years in Law
Five Decades, One Workplace: Mackay Woman Honoured for 50 Years in Law
Doyle’s Guide recommended Law Firm
