Estate Litigation Challenging and Contesting Will Deceased
Mum’s contesting the Will, what should I do?

Published: July 3, 2013 | Author: Chloe Kopilovic

In many relationships, partners appoint each other as executors in their respective Wills. However, if one of those partners dies and the surviving partner is unhappy with what they have been left in the deceased partner’s Will, the surviving partner may look at contesting or challenging their deceased partner’s Will (even if this will be […]

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The top six reasons why you should not use a Will Kit – Part Two

Published: June 11, 2013 | Author: Chloe Kopilovic

In an earlier blog, The Top Six Reasons why you should not use a Will Kit – Part One, I explained the first 3 reasons why I think people should not use a Will Kit to record their last wishes. To recap, the six reasons are: Your wishes may not be carried into effect. A […]

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The top six reasons why you should not use a Will Kit – Part One

Published: May 29, 2013 | Author: Chloe Kopilovic

I often receive enquiries from individuals wanting to make a Will for the first time. They are often surprised to hear that making a valid Will is not a “five minute job”. This is often followed by a comment to the effect, “can I just use the Will Kit I purchased from the post office?” […]

Grant of Probate Estate Administration Wills Lawyer
Obtaining a Grant of Probate in Queensland

Published: May 15, 2013 | Author: Chloe Kopilovic

Obtaining a Grant of Probate can be a complicated process if you do not know the process, what to look for and how to correctly complete the forms. I have prepared a brief step-by-step workflow that should be followed in most circumstances: Obtain the original will and the original death certificate. It is important to […]

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The importance of reviewing your Will

Published: May 7, 2013 | Author: Chloe Kopilovic

Having a Will is one thing but having an up-to-date Will is another matter completely! Whilst I find that there is a general reluctance amongst people to make a Will in the first instance, I find people are even more reluctant to review and update it. Further, a lot of people do not see the […]

Superannuation Death Benefit Claim Estate Planning Documents Lawyers Queensland
Should I Lodge a Superannuation Death Benefit Claim?

Published: April 30, 2013 | Author: Chloe Kopilovic

I am often asked by clients for assistance with claiming a deceased relative’s superannuation monies. In most instances, a superannuation death benefit claim is lodged by the partner, child or next of kin of the deceased. What happens once the superannuation death benefit claim has been submitted? Once a claim has been submitted, the Trustee […]

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Objecting to a Superannuation Death Benefit Payment

Published: April 24, 2013 | Author: Chloe Kopilovic

A client of mine was recently approached by his brother to sign a one page form which would allow the brother to receive his Deceased mother’s superannuation death benefit payment in full. The background is as follows: My client’s mother chose not to leave a binding death benefit nomination on her superannuation monies before she […]

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Interdependency and Superannuation Death Benefit Claims

Published: April 16, 2013 | Author: Chloe Kopilovic

When lodging a superannuation death benefit claim, it is important that the material lodged provides information regarding the financial and non financial interdependency between the Deceased and the person claiming the Deceased’s superannuation monies (the “claimant”). Some of the considerations of a superannuation trustee or board when determining the level of interdependency include: The relationship […]

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What is the difference between an informal codicil, assignment of an interest and a renunciation/disclaimer?

Published: March 28, 2013 | Author: Chloe Kopilovic

You may recall my recent blog post about documenting your intentions correctly. In that blog, I gave a brief overview of the recent Queensland Supreme Court decision of Gamer v Whip [2012] QSC 209 (30 July 2012). In that case, the Court had to consider whether a document signed by a beneficiary was an informal codicil, […]

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Document your intentions correctly to avoid challenges to your Will

Published: March 18, 2013 | Author: Chloe Kopilovic

I recently read the Queensland Supreme Court decision of Gamer v Whip [2012] QSC 209 (30 July 2012), in which the Court had to decide whether a particular document was an informal codicil to the deceased’s will, a renunciation of a beneficial interest in another person’s will, or an assignment of an interest in an […]