Partners Estate Litigation Ms Ashton Mr Pratt Claims against Estates Wills Lawyer Contesting Challenging an Estate
Can my partner’s lover claim against my partners estate?

Published: February 23, 2015 | Author: Chloe Kopilovic

In a recent case, in the New South Wales Court of Appreal, Ashton v Pratt [2015] NSWCA 12, a dispute arose over whether the mistress, Ms Ashton, could make a claim against the estate of the deceased, Mr Pratt, for a trust account for her children which was alleged to have been agreed as payment […]

Enduring Power of Attorney Acting as an Attorney EPA original will copy estate lawyer wills queensland brisbane sunshine coast
Can my attorney access my Will?

Published: November 26, 2014 | Author: Chloe Kopilovic

Recently, an enquirer contacted me to ask if they could access their mother’s Will, as they were acting as her attorney under an Enduring Power of Attorney. An Enduring Power of Attorney is a very important and complex document, and acting as an attorney should not be entered into lightly. When making an Enduring Power […]

Preparing a Will Estate Litigation Administration Probate Lawyers Queensland Brisbane Sunshine Coast Gold Coast
Rea Costello (deceased) [2014] SASC 134 – Avoiding uncertainty when preparing a Will

Published: November 17, 2014 | Author: Chloe Kopilovic

I often find that clients have trouble choosing whom to appoint as their Executor in their Will. There seems to be a perception that when appointing an Executor, the Willmaker is bestowing a great honour on the person they choose. Some clients believe they will be offending their loved ones if they appoint one person […]

Ownership of Property in Estate Planning Wills Lawyer Brisbane Queensland Sunshine Coast Gold Coast
Ownership of property in estate planning – why does it matter?

Published: October 20, 2014 | Author: Chloe Kopilovic

When taking instructions for preparation of Wills, I often find that clients want to give their house/property as a gift to a certain beneficiary. While this can be a noble gesture, the ownership structure of the property can be crucial as to whether or not, or how, the gift will take effect. Property owned with […]

Distribution of an Estate Administration Litigation Lawyer Brisbane Queensland Sunshine Coast Gold Coast
What are the requirements for receiving a distribution from an estate?

Published: September 30, 2014 | Author: Chloe Kopilovic

I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are for beneficiaries to receive a distribution from an estate. Succession Act 1981 (QLD) The Succession Act has several provisions surrounding beneficiaries receiving distributions from an estate. These include: Survive by […]

Reading of a Will Estate Administration Litigation Lawyer Brisbane Queensland Sunshine Coast Australia
Does an Executor have to conduct a “reading of the Will”?

Published: September 25, 2014 | Author: Chloe Kopilovic

I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are gathered together and the deceased’s Will is then read aloud. Although scenes such as these are played out in numerous American movies, there is no […]

Costs Awarded Further Provision Estate Litigation Lawyer Brisabane Queensland Sunshine Coast
Will an applicant be awarded costs if their claim for further provision from an estate…

Published: September 24, 2014 | Author: Chloe Kopilovic

I often have clients asking me if their costs for bringing a family provision application will be paid from the estate if their claim is unsuccessful. I have previously written about legal costs when disputing a Will. I was interested to read a new decision of the Supreme Court of Western Australia which concerned an […]

cremated Estate Litigation Bury Cremate Will Challenge Dispute over Burial Deceased Estate Lawyer Queensland Brisbane Sunshine Coast
Laing v Laing [2014] QSC 194 – To bury or to be cremated?

Published: September 22, 2014 | Author: Chloe Kopilovic

I have previously written about the tension that can occur when there are disagreements over whether, and where, a deceased person should be buried. In a new case, a dispute arose not only over whether the deceased should be buried or cremated, but also over where his remains should be kept. Background The background of […]

Estate Litigation Step Parents Will Provision Lawyer Brisbane Queensland Gold Coast
Horwood v Ah Shay [2014] QDC 199 – When will provision be made for a…

Published: September 18, 2014 | Author: Chloe Kopilovic

I have recently written about step-children and their eligibility to apply to the Court for provision from their step-parent’s estate. I have now read with interest a recent decision in which the Court made provision from a small estate for the Willmaker’s step-son. Background The background of the case is as follows: Mr AS died […]

Solicitor responsible for client passing without a Will Brisbane Sunshine Coast Queensland Lawyer Estate Litigation
When is a solicitor responsible for their client passing away without a Will?

Published: September 3, 2014 | Author: Chloe Kopilovic

I often have clients who urgently require a Will as they have received a terminal diagnosis, are about to take a trip or are elderly. The question of whether or not a solicitor has a duty to prepare a Will and arrange for it to be signed as quickly as possible when the client is […]