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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 This new legislation replaces the outdated Trusts Act 1973 (Qld), aiming to simplify and modernize trust practices to better align with contemporary needs.…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 40% off – Pay just $1,295.00 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 a…
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Fixed Fee Probate Applications Service in Queensland
We are the price leader 🎉 Special Deal for a Limited Time!Get 40% off – Pay just $1,195.00 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 one…
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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…
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Contesting a Will Cost
What is the Average Contesting a Will Cost and How to Manage It Understanding Contesting a Will Costs Generally, the costs of a successful application are paid out of the estate, though the court may order payment of costs as it sees fit. If you believe the will is incorrect, it’s crucial to understand the…
