A ‘family provision application’ (FPA) is an application to the Court made by certain eligible person/s who have not been adequately provided for in a Will. In Queensland, a FPA can be made against an estate under Part 4 of the Succession Act 1981 (Qld) (Act). An eligible person can make the application where the deceased’s Will does not provide them with adequate provision for their ‘maintenance and support’. Who are considered eligible to make an application for provision from a Will? In Queensland, a person who is eligible to make an application for provision against a deceased’s estate, in ..read more

If you are considering revisiting your Will or in the process of preparing your first one, an effective estate planning tool is including testamentary trusts for your beneficiaries. What are testamentary trust Wills? A testamentary trust is a discretionary trust created by a Will. Upon death, the deceased’s assets are distributed to the trustee of the testamentary trust, who holds the assets for and on behalf of the nominated beneficiaries. Depending on your circumstances, you may choose to set up a beneficiary controlled testamentary trust, whereby your beneficiaries (e.g. your spou ..read more

Nobody likes to think about dying, let alone passing away at the same time as your partner. However, if a freak accident occurs and you pass away together, a question arises as to how respective estates will be managed and whose Will would apply. Generally speaking, married or de facto couples usually leave their estates to their spouse. Then, in the event they do not survive each other, they typically leave it to any surviving children as reserves (i.e. alternate) beneficiaries. However, where a deceased couple is childless, or if one has children from a previous relationship, their ..read more

If there are issues with a Will or in an estate, there is an option of filing a ‘caveat over the Will’ or a ‘caveat over the estate’. The impact of lodging a caveat over a Will or in an estate is that the executor or administrator is unable to take any steps to gain a grant of probate or letters of administration. Generally speaking, the filing of a caveat brings the estate to a complete halt where no steps can be taken until such time as the issues outlined in the caveat are resolved. From the outset, it is important for me to stress that filing a caveat should not be done lightly. If a cavea ..read more

A de facto relationship refers to a relationship between two individuals who are not legally married, but live together and function as a married couple. The criteria for establishing a de facto relationship can vary depending on jurisdiction. In Queensland, in order for someone to be considered a deceased’s person’s spouse under the Succession Act 1981 (Qld) (the Act), they must have been residing with the deceased as a couple on a “genuine domestic basis” for a period of 2 years ending on the deceased’s death.  What are the elements? In Queensland, for the purposes of estate administrat ..read more

No, just because they have been named as an executor in a Will, does not mean they must accept the position. They are under no legal obligation to act if they do not want to. If they have been named as an executor, but they do not believe they have the time or ability to fulfil the role, they can refuse (also known as renouncing) the position. This is simply done by signing a formal renunciation Court form, renouncing all their right and title to probate and administration of the estate. What happens if an executor chooses to renounce? If an appointed executor chooses to renounce their positio ..read more

An interesting dynamic I often see when I am taking instructions for a client’s estate planning is that they have separated from their partner but have not divorced. It appears it is common for two people to separate, undergo a property settlement (to formally divide their assets), but not seek a divorce order. Sometimes, 6 months have passed or perhaps 10 or 15 years have passed since the separation, yet they haven’t sought a divorce order. In some scenarios, the partners have moved on and entered into new de facto relationships, maybe had more children, yet at law, they are still m ..read more

As the busy holiday season is fast approaching, it is important to get your estate planning documents in order now – before leaving it too late. Conversations around estate planning can be uncomfortable. End-of-life plans and who gets the family home after you are gone, can be difficult to talk about. But casting to your mind to making decision now, can leave your family with less of a mess, if you unexpectedly lose mental capacity or pass away.    Life is already busy, and between November and January, it only gets more hectic. Between family gatherings and planned holidays, travel ..read more

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One option is to link a bank account to the PayPal account and transfer funds directly from the bank account, with the biggest win to date being a staggering €18,9 million. The exact payout amounts and number of correct numbers needed to secure a win will vary from game to game, it is a form of online gambling that allows players to interact with real dealers and other players in real-time. How To Make Money Playing Popular Pokies In Australia Where can I play free casino pokies machines in Australia This feature usually involves guessing the color or suit of a card, players are always on t ..read more