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Disputes about Burial and Testamentary Capacity

Published: May 6, 2011 | Author: Chloe Kopilovic

I read an interesting article written by Kay Dibben in the Sunday Mail on 1 May 2011, about four siblings who went to court within days of their father’s death, stopping his funeral and burial. James Maurice Hoolahan, aged 82 at the date of his death, changed his Will a month prior to his death, leaving nothing […]

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Have you adequately provided for your children in your Will?

Published: April 29, 2011 | Author: Chloe Kopilovic

I read the article in the Courier Mail on 19 March 2011, about the dispute erupting over the late Ken Talbot’s estate, with great interest. Mr Talbot died in June 2010, has an estate estimated to be greater than $1 billion. Mr Talbot was survived by 4 children – 2 from his first marriage, and […]

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What happens when a person dies without a Will (ie Intestate)?

Published: April 13, 2011 | Author: Chloe Kopilovic

I was recently asked by Tim Moore of Business and Estate Planning Specialists as to what happens when a person dies without making a Will, and how is the Estate of the deceased person distributed? This is a very good question and highlights the need to have a valid and binding Will so that upon […]

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How to properly sign a Will

Published: April 8, 2011 | Author: Chloe Kopilovic

I was recently at a professional development training day with Business and Estate Planning Specialists, when the question was raised as to how a Will can be validly executed. Formal Requirements to sign a Will Section 10 of the Succession Act (Queensland) deals with the formal requirements for the signing of a Will. I will […]

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No Certainty in Court Costs Being Paid by the Estate

Published: March 31, 2011 | Author: Chloe Kopilovic

There was once a perception that a claimant’s costs, even an unsuccessful claimant, would be paid by the estate when making an application for further provision from an Estate. Previously, a claimant needed to show that they were a party entitled to make a claim, (namely a spouse, child, or dependent), and that adequate provision […]

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A Horror Story: Why Having a Business Will is Important

Published: March 24, 2011 | Author: Chloe Kopilovic

A Business owner dies without a business Will and personal Will, leaving his wife and business partners in financial difficulty. I recently spoke with a colleague who relayed a tale of woe about a business owner he knew who passed away recently. About 5 years ago the deceased (Partner A) and his business partners (Partners […]

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Self Managed Super Funds and Estate Planning

Published: March 17, 2011 | Author: Chloe Kopilovic

The value of Self Managed Super Funds as an effective estate planning tool is sometimes overlooked, or not properly considered when people are establishing Self Managed Superannuation Funds. Noel Whittaker wrote a very insightful article in The Sunday Mail on 20 February 2011 highlighting some of the complexities and pitfalls in setting up a Self […]