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.
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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
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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
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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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