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

Published: January 8, 2014 | Author: Chloe

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 two types of claims often made against deceased Estates: An allegation of a testamentary contract, and an allegation of the execution of a Will under “undue influence”. The facts in […]

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

Published: December 19, 2013 | Author: Chloe

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 as “children” of the deceased, even though they may not fall within the usual definition of a “child” under the Succession Act. Facts of the case In this case, Mr […]

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When can the Court make a Will?

Published: December 17, 2013 | Author: Chloe

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 that he did not have capacity to make a Will himself (incapacitated person). The case has garnered much attention both from the legal community and also in mainstream media. The […]

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When is a Will a Will?

Published: December 11, 2013 | Author: Chloe

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 claim was based on a document which she alleged was the deceased’s last Will, which left her all of his $3.4 million Estate. Suspicions about the “Will” The woman’s claim […]

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Competing Attorneys – What happens if I have two Enduring Powers of Attorney in place…

Published: December 3, 2013 | Author: Chloe

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, but at different times. If you have completed an Enduring Power of Attorney and forgotten about it, or if you have completed a new Enduring Power of Attorney without revoking […]

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iWill – The latest development in informal Wills decisions

Published: November 28, 2013 | Author: Chloe

I was interested to read an article about a recent case where the Supreme Court in Brisbane ruled that a Will typed into a smartphone was valid. The deceased typed his Will into the “Notes” app on his iPhone shortly before taking his own life. Was that considered an informal Will? What is the test […]

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Victim of abuse of an Enduring Power of Attorney? What to do, who to tell…

Published: November 14, 2013 | Author: Chloe

I have previously addressed what an Enduring Power of Attorney is and the duties of an Attorney. Now that you know who they are and what they are supposed to do, you should also be aware of what to do if you think you or someone you know may be the victim of an unscrupulous […]

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Protecting your wishes – Common cases where Wills have been contested

Published: November 6, 2013 | Author: Chloe

Throughout my years as a Wills and Estates lawyer, the most common misconception I have noticed among clients a belief that their Will is bulletproof. Unfortunately, even with the best drafting, no Will is beyond challenge. I read an article recently which summarised cases where Wills have been contested. The common theme in each case […]

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The top four reasons why you should not use a DIY estate administration kit –…

Published: October 29, 2013 | Author: Chloe

I have noticed that there are now “DIY Probate” and “DIY Letters of Administration” kits available on the internet (for a fee), which claim to show the buyer how to complete the estate administration process on their own. While I cannot stop people from using these kits, I strongly discourage it. This four part series […]

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Advance Health Directive – Why, When and How?

Published: October 22, 2013 | Author: Chloe

I recently read a blog article by a Canadian lawyer which summarised and discussed a recent decision of the Supreme Court of Canada. In that case, the Court ruled that doctors did not have the right to remove a comatose patient from life support, because the patient’s wife, as his default decision maker, would not […]