Blog
Category: Estate Planning
A guide to Enduring Powers of Attorneys in Queensland
In Queensland, Enduring Powers of Attorney documents are key documents in the estate and future planning process and therefore it is important that those who create the document, or are given responsibilities and powers pursuant to the documents, fully understand them.
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Estate planning challenges for someone who has lost capacity
Losing the ability to make legal and financial decisions, known as losing capacity, can create serious challenges for estate planning. This article explains what capacity means, why it is essential for estate planning, and the legal options available in Queensland if someone loses capacity before putting documents in place.
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Understanding testamentary capacity
Most adult Australians do not have a Will. An unfortunate consequence of waiting to finalise such an important document is that life is uncertain. It is important to protect your wishes, and a crucial component of estate planning and maintenance is your testamentary capacity.
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Supreme Court decision demonstrates the importance of regularly reviewing and updating your Will
In August 2024, the Supreme Court of Queensland delivered a decision which involved a question of interpretation of the Will of ‘Penelope Comino’ and highlights the importance of reviewing and updating your Will regularly, particularly where there has been a change in your circumstances.
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Case review – informal Will accepted by the Court for a Grant of Probate
When applying for probate, the original Will is required to be submitted with the application. There are requirements for what documents may or may not be considered a formal Will.
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When family law intersects with a deceased estate – case review
There are several important considerations relevant to the administration of a deceased estate after someone dies. One of those is how other areas of law may intersect with estate law, creating some complexities when administering the estate.
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Review of Succession Act Queensland – proposed changes to intestacy rules
In September 2023, the Queensland government released a public policy paper, “Intestacy Entitlements and Family Provision Applications”, which outlines proposed legislative changes aimed at modernising sections of the Succession Act primarily related to the current intestacy rules.
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High Court determines meaning of “breakdown of de facto relationship”
Understanding how the law interprets the breakdown of a de facto relationship can be significant in estate planning, deceased estates and family law matters.
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10 life events when you should consider updating your Will
If you’ve done the right thing and written your Will, it’s important to ensure you check it from time to time, to ensure it still meets your wishes and what you intend to happen with your property and possessions, should you die.
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