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How to Exclude Someone from Your Will (Legally) in Queensland
Many Queenslanders believe they can cut someone out of their will simply by leaving them out as a beneficiary. Technically, that is true: the law lets you decide who inherits your estate. But there is a catch. Under the Succession Act 1981 (Qld), certain family members can challenge your will through what is called a
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Queensland’s Trusts Act 2025: Modernizing Trust Law
Queensland is set to overhaul its trust laws with the Trusts Act 2025 (Qld), which received royal assent on 19 May 2025, and will take effect on a date to be announced. This new legislation replaces the outdated Trusts Act 1973 (Qld), aiming to simplify and modernize trust practices to better align with contemporary needs.
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The Risks of DIY Wills: Lessons from Sorati v Sorati
This case serves as a cautionary tale about the risks of do-it-yourself (DIY) wills, particularly when it comes to ensuring testamentary capacity and avoiding family disputes.
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Fixed Fee Letters of Administration Applications Service in Queensland
We are the price leader 🎉 Special Deal for a Limited Time!Get 25% off– Pay just $1,595.00 plus GST for fixed fee legal services. Other Required Costs: We’re ready to assist. Use the form to get started with a friendly, fixed-fee Letters of Administration service that puts you in control. Helping Administrators Navigate Letters of Administration with Ease Losing
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Fixed Fee Probate Applications Service in Queensland
We are the price leader 🎉 Special Deal for a Limited Time!Get 25% off– Pay just $1,495.00 plus GST for fixed fee legal services. Other Required Costs: We’re ready to assist. Use the form to get started with a friendly, fixed-fee probate service that puts you in control. Helping Executors Navigate Probate with Ease Losing a loved
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Testamentary Capacity in Queensland
An Analysis of Legal Principles and Judicial Precedents The determination of testamentary capacity in Queensland after a testator’s death involves a meticulous application of legal principles established through case law and statutory provisions. Courts rely on a combination of evidentiary standards, medical assessments, and judicial interpretations to evaluate whether a testator possessed the requisite mental
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Notebook: Jobson v Clarke – Consent Orders in Family Provision Applications
Jobson v Clarke [2021] QDC 320 This judgment from the District Court of Queensland concerns a family provision application where the respondents required an extension to file their affidavit. The core issue was whether a registrar or a judge should approve consensual variations to directions orders in such applications. The judge ruled that, per the relevant rules and practice directions,
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What is Testamentary Capacity?
The test from Banks v Goodfellow (1870) is a foundational legal standard for determining testamentary capacity, which is the ability of a person to make a valid will. The test outlines four key criteria that a testator must meet: 1. Understanding the Nature of the Act: The testator must understand that they are making a
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Will Dispute Lawyers in Brisbane
Navigating Will Disputes: A Guide to Finding the Best Will Dispute Lawyers in Brisbane Understanding Will Disputes What is a Will Dispute? A will dispute occurs when someone contests the validity or provisions of a will, often due to concerns about the will maker’s capacity, undue influence, or inadequate family provisions. These disputes can be
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Challenging a Will in Queensland
A Guide to Challenging a Will in Queensland: Know Your Rights and Options Understanding the Basics of Contesting a Will What is a Will and How is it Contested? A will is a legal document that outlines how a person’s assets will be distributed after their death. Contesting a will involves challenging the validity or
