The law surrounding disputes over wills in Australia has continued to evolve over time. This is seen by the increase in the number of cases involving small estates, de-facto partners,…
As the holiday season approaches, it is important to be aware of the legal intricacies surrounding estate litigation and contesting wills. The passing of a loved one is always a…
by Kate Varcoe The case of Kirk v Withington & Ors [2023] QSC 141 serves as a timely reminder about three key practical factors concerning Family Provision applications, being: When…
By Rachael Ryan One of the first duties of an executor is to arrange the deceased’s funeral. Your executor will wish to make arrangements which align with your wishes, values…
Contrary to what many may think, superannuation is not like money in a bank account. While proceeds of a bank account will simply be divided according to your Will, superannuation…
Two of the most common terms used in Wills and the administration of deceased estates are ‘executor’ and ‘beneficiary’. But what do these terms mean? What is a beneficiary? In…
Executors have a number of responsibilities as a legal personal representative (“LPR”) when acting in the administration of the estate. They can generally be categorised as follows: take steps to…
One of the most important considerations a testator has in preparing their will is appointing a person/s to act in the role of executor. Many times, the phrase “it doesn’t…
Are you a residuary beneficiary of an estate and expecting a final distribution of your gift? Are you wondering why you have been asked to sign a deed of indemnity…
Australians generally enjoy testamentary freedom. This means that Australians can leave their assets to whomever they want in their wills. However, this freedom is not without some limits. Family Provision…
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