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June 15, 2022—

Considering the risk of elder abuse in your estate plan

Written by: Duncan MacDougall
On 15 June each year, World Elder Abuse Awareness Day (WEAAD) highlights one of the worst manifestations of ageism and inequality in our society –…
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January 29, 2014—

What is the difference between the right to reside and a life interest?

Written by: Chloe Kopilovic
A recent decision by the Supreme Court of Queensland has provided guidance on the distinction between a Will maker granting a right to reside and…
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January 21, 2014—

Compensating an Attorney when a gift in a Will is destroyed, sold or given away prior to the Will maker’s death

Written by: Chloe Kopilovic
The Powers of Attorney Act 1998 (Qld) allows the Court to compensate Attorneys when their benefit from a principal’s Estate is lost due to the…
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January 14, 2014—

Conduct disentitling – how far does a beneficiary have to go to write themselves out of a Will?

Written by: Chloe Kopilovic
I read an article recently about a man who was found guilty of the manslaughter of his mother just two weeks after she had changed…
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January 8, 2014—

Haggarty v Wood – “Testamentary contract” or a Will executed under “undue influence”?

Written by: Chloe Kopilovic
I read with interest a decision in the Queensland Supreme Court delivered on 29 November 2013 which concerned the necessary requirements for the pleading of…
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December 19, 2013—

Gundy v Eatts – Redefining “child” according to Aboriginal tradition

Written by: Chloe Kopilovic
A landmark decision in the Queensland Supreme Court was delivered on 1 November 2013 which may allow Indigenous people to make claims from deceased Estates…
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December 17, 2013—

When can the Court make a Will?

Written by: Chloe Kopilovic
Recently I read a case where the Court authorised the making of a Will for a man who suffered from dementia to such a degree…
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December 11, 2013—

When is a Will a Will?

Written by: Chloe Kopilovic
I recently read with interest a news article about a woman who tried to claim a share of her secret lover’s multimillion dollar estate. Her…
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December 3, 2013—

Competing Attorneys – What happens if I have two Enduring Powers of Attorney in place at the same time?

Written by: Chloe Kopilovic
Recently I received an enquiry about what happens if a person appoints two Attorneys under two separate Enduring Powers of Attorney with the same terms,…
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