What Happens If You Die Without a Will in Queensland? Understanding the Rules of Intestacy
Dying without a valid Will is called dying "intestate." When this happens, legislation steps in and decides how your assets are distributed, and the result may be nothing like what you would have wanted.
Read moreBig changes are coming to Queensland trust law
Queensland has introduced the Trusts Act 2025 (Qld) , which will replace the Trusts Act 1973 . The new Act aims to update how trusts are managed, making it easier for trustees and offering better…
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Understanding Executor’s Commission in Queensland: A Guide for Clients
Serving as an executor can be a daunting task, especially when managing the estate of a loved one. The role comes with numerous responsibilities, and many people are unaware of what these duties entail and how time consuming they can be. Further, mo
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What is a Grant of Probate?
A Grant of Probate is an official document from the Supreme Court of Queensland that confirms the last Will is valid and gives the Executor (the person named in the will to handle the estate) the legal right to deal with the deceased person’s real pr
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Recent Case – Trusts in Family Law Property Disputes
Background The recent Federal Circuit and Family Court of Australia decision in Caldwell v Caldwell[1] provides a timely reminder of how trusts are treated during family law property settlement proceedings, particularly discretionary family trusts u
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Superannuation and Estate Planning
Your superannuation death benefits do not automatically form part of your estate. How you deal with your superannuation though, is an important part of your estate planning. Recent research reveals that at least 6.5 million Australians have no say
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Why Good Estate Planning Matters: Lessons from Kemp v Findlay
In the age of digital documents and fast-paced lives, it is easy to put off the formalities of estate planning. However, the recent case of Kemp v Findlay [2025] NSWCA 46 serves as a reminder of why clear, legally sound wills are essential to spare l
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Company Powers of Attorney – Do you need one?
by Kimberley Davis What is a General Power of Attorney? A General Power of Attorney (POA) is a legal document that allows a company to give someone else (called an attorney) the power to act for the company. The attorney can: sign contracts; sign
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The easy way to ensure your assets are distributed according to your wishes – A case study
It is important that your Will complies with the legal requirements, ensuring that it is fair and valid. This is the easiest way to ensure that your assets are distributed according to your wishes. Legal proceedings to settle disputes caused by an u
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Pre June 30 warning for family trusts - ATO to increase scrutiny of trust income distributions
The ATO has released Taxpayer Alert (TA 2022/1) foreshadowing a crackdown on trust income distributions within family groups as part of its focus on tax avoidance schemes. Taxpayers and their advisors should review current distribution arrangements t
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The Importance of Estate Planning for SMSFs
The Importance of Estate Planning for Self-Managed Superannuation Funds by Geoff Cameron geoffc@mdl.com.au Self-managed superannuation funds (SMSFs) have become increasingly popular as a method for managing wealth to be used in retirement. A key r
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Your Estate Plan – Don’t forget the Enduring Power of Attorney!
Having a comprehensive, up-to-date estate plan in place is crucial to ensuring that you and your loved ones are looked after and provided for in the event of your incapacity or death. Failure to implement a comprehensive estate plan, or to review and
Read moreEstate Planning Lawyer
Estate Planning Lawyer About the role As an established law firm in Brisbane and the Redlands, our legal experience is extensive and we have helped hundreds of people of all ages and financial and…
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SUCCESSION PLANNING – MORE THAN JUST A WILL
Succession planning (also commonly known as estate planning) is not just about the making a Will, it involves many different aspects including planning for incapacity and having an up to date enduring power of attorney.From when a person starts to lo
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What is a Testamentary Discretion Trust (“TDT”)? Do I need one?
A TDT is a trust which is set up under your will on your death. A TDT allows your estate assets to be held in trust (or trusts) for your nominated beneficiary/ies. It provides a structure to manage and distribute your estate assets.Who are the partie
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Estate Planning | Why is it important during COVID-19?
Want to update your Will but concerned about social distancing? See below for our Low to Zero contact options. In recent weeks we have seen a significant uplift in clients updating their Wills & Enduring Powers of Attorney, and new clients getting a
Read moreEstate planning should include superannuation
There are a lot of things to consider when completing estate planning and drafting your will . One of these elements is your superannuation benefits. In May the Queensland Supreme Court made a…
Read moreNew Office of the Public Guardian protects children and adults
As of July 1 2014, the functions of the adult guardian and child guardian will be in the scope of a new statutory body, the Office of the Public Guardian (OPG). The OPG is a new independent statutory…
Read moreWhat type of trust is right for me?
Financial and property matters can be a cause of stress when planning a will. A trust acts as a mechanism to bequeath your possessions how you want. An executor holds or distributes your money or…
Read moreWhat is intestacy?
In Queensland an intestacy arises when a person dies but does not leave behind a valid will or does not effectively dispose of their property in the will. Provisions for how assets are to be divided…
Read moreEstate planning is the focus of new research
The Queensland University of Technology (QUT) Health Law Research Centre is conducting a study on the process of making a will and distributing assets. The aim of the study is to explore the level of…
Read moreQueensland Supreme Court decide beneficiary in imprecise will
A recent case at the Queensland Supreme Court highlights the importance of estate planning and regularly updating your will. The case concerned an imprecise will. The deceased had had two wills made…
Read moreHow often should a will be updated?
A will is a very important document, with many estate disputes arising when people pass away without having one in place, a situation known as intestacy . However, just because you have a will in…
Read moreWhat steps go into administering a will?
The executor of an estate ensures that the directions set out in the will are carried out. This process can be a challenging one, especially when it comes at such a stressful time in people's lives.…
Read moreWhen can a will be revoked?
Wills are very important for a variety of reasons, but they are only valuable so long as they are up-to-date. In fact, many estate disputes arise because of outdated information contained within a…
Read moreHow should property be treated when planning your estate?
Property often makes up the bulk of a person's estate, making it an important area of consideration during the estate planning process . However, gifting property is also governed by its own set of…
Read moreHow can undue influence be used to contest a will?
In some situations, it will be possible to contest the distribution of a will because the deceased was under undue influence or the will was drafted under suspicious circumstances. While this event…
Read moreWhat to know about a Special Disability Trust
One of the most important areas to consider when drafting a will is whether or not you establish a testamentary trust to provide ongoing financial support for another person. While there are many…
Read moreHow can a case of partial intestacy occur?
When an individual dies intestate - meaning they did not have a will in place at the time of death - it can create a real challenge for relatives and easily lead to an estate dispute. While the most…
Read moreWhat to know about power of attorney
Planning for your future isn't just about writing a will to ensure your assets are distributed according to your wishes once you pass away. Complementing this process with an Advance Health Directive…
Read moreShould international assets be included in your estate planning?
One of the issues that can arise when individuals undertake the estate planning process is that they will need to consider the position of their overseas assets. For individuals with sizeable assets…
Read moreSuperannuation an important consideration when drafting a will
A recent case before the Supreme Court of Queensland has highlighted the different issues that can arise during the estate planning process, especially when it comes to superannuation. The case arose…
Read moreLegal action results from loss of testamentary capacity
A recent case before the Supreme Court of Queensland has highlighted the challenges that can arise when divorce affects the distribution of an estate. The legal action arose after a woman lost…
Read moreImprecise wills can create further problems
In order to reduce the likelihood of complex estate disputes and to avoid ambiguity, it is often prudent to consult an experienced wills and estates lawyer to assist you in the preparation and…
Read more3 things to know about testamentary trusts
Testamentary trusts are an important part of the estate planning process and they can provide a number of benefits for those who are thinking about the future of their relatives. However, these…
Read moreWhat to know about seeking a grant of probate
The application for a grant of probate is often one of the most important stages in the administration of a deceased estate. The application for a grant of probate is a significant responsibility for…
Read moreUnclear will ends in legal action
A recent case before the Supreme Court of Queensland has highlighted the challenges that can occur when a will is not properly drafted. In the case of Flower v Allen (2014), the testator's will…
Read moreWhat issues arise with an informal will?
In some cases, an individual will pass away without a will in place, but they have written an informal document before their death. A document might be deemed informal if it hasn't been properly…
Read moreWhat forms can an estate dispute take?
When individuals decide to contest a will, there are a number of things they will need to consider. One of these is how they will undertake the dispute process. To help individuals who might be…
Read moreHow does estrangement affect a family provision claim?
Estrangement - where two family members have cut their ties and are no longer in contact - can create a significant obstacle for individuals as they undertake the estate planning process . Under…
Read moreMajor life events that may require an update to your will
Most people write their last will and testament with certain beneficiaries in mind. They may also have an idea of which assets to bequest. The purpose of such estate planning is to ensure their last…
Read moreUnclaimed estate finalised after more than 100 years
In rare cases, it is possible for a deceased person's will to not receive a grant of probate and for the estate to not be distributed according to their wishes. In this situation, the estate may go…
Read moreUpcoming retirement a good time for baby boomers to start their estate planning
People born between 1946 and 1964 are colloquially referred to as the baby boomer generation. Talent and a strong work ethic are considered hallmarks of the baby boomer generation, with 64 per cent…
Read moreNew report released on how Australians approach wills and estates
Research conducted by the University of Queensland, Queensland University of Technology, and Victoria University has produced a report on the attitude of Australians with respect to matters such as…
Read moreWhat to consider when gifting property as part of your will
Property is often the biggest asset in an individual's portfolio. Gifting property to a beneficiary in your will requires careful estate planning, and the process differs depending on the ownership…
Read moreHow to make a will legally binding
A will is a legal document and therefore needs to comply strictly with a range of requirements so as to ensure it remains valid and binding. If the requirements are not met, the will may not be…
Read more3 FAQs about enduring powers of attorney
One of the most important aspects of estate planning is appointing an enduring power of attorney. In a nutshell, a power of attorney is a formal legal document which grants another person the…
Read moreWhat to consider when establishing a testamentary trust
For individuals beginning their estate planning , establishing a trust is among the most important issues to consider. In many cases, people starting this process will be advised to include a…
Read more3 warning signs that a will could be a forgery
Forgery of a will or testamentary instrument is a serious offence, so it is prudent to properly investigate the matter before making any accusations. Consulting with an experienced estate planning…
Read more4 factors to consider when estate planning
Many people may delay estate planning because they feel the process is too morbid or depressing, but it's vital to ensure you are adequately prepared should the worst happen. A recent study published…
Read more3 assets that can be included in a testamentary trust
Many people will set up a testamentary trust as part of the estate planning process . This provides them with an easy way to preserve assets for future generations without giving them directly to a…
Read moreManaging the probate process: 3 FAQs
Seeking a Grant of Probate is the legal process for the Queensland Courts to recognise the validity of a will, and that the person appointed as the executor is authorised to deal with the estate.…
Read moreDying without a will: Understanding intestacy
Writing a will ensures that an individual's last wishes regarding the distribution of their estate are carried out as closely as possible. Traditionally, upon the testator's death, the executor…
Read moreCan same-sex partners contest a will?
The decision to contest a loved one's will may depend on whether the claimant is an eligible person under the Succession Act 1981 (QLD). Spouses, children, grandchildren and certain dependents are…
Read moreEstate planning is complicated, but the professionals can help
In addition to managing all of one's assets effectively in the present day, another key aspect of financial health is being able to plan for the future. What will happen when you're no longer around?…
Read moreUnderstanding the different types of power of attorney
One of the most important components of estate planning is appointing an attorney, but what many people don't realise is that there are two different types. Knowing what separates one from the other…
Read moreIs it possible to write my own will?
Wills and estates can be one of the most complex areas of law . Preparing a will in place is just one component in the estate planning process, nevertheless, it is an important one. People are often…
Read more4 famous people who died without writing a will
Inheritance disputes can be common when someone dies without leaving a will. This is particularly true when the deceased is famous or left behind a considerable fortune. Despite the problems that…
Read more4 things to ask your lawyer before making them your executor
An essential step in creating a will is appointing an executor for your estate. It’s an important consideration, because your executor will be entrusted with making decisions about how your estate is…
Read moreWhat to do about a loss of benefit in estate
Compensation for beneficiaries under the Powers of Attorney Act When a person has executed a will which provides for a specific gift (for example a house) to be given to a beneficiary upon his or her…
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114 year-old Australian college can't be sold due to founder's will
The historic Australian all-women's university Sweet Briar College will be closing soon. However, the founder I. F. Williams' will protects this estate from any sale.
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3 things to consider when choosing your will's executor
There is a lot to carefully consider when drafting your last will and testament, particularly how to choose an executor. Expert lawyers can help manage the process.
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