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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
What Does the Trusts Act 2025 Change for Queensland? The Trusts Act 2025 modernises Queensland trust law by replacing the 50-year-old Trusts Act 1973 with codified trustee duties, broader trustee powers, and stronger beneficiary protections. If you’re dealing with Queensland trusts, you’ve been working under legislation that hasn’t had a major update since the early…
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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
What Are Letters of Administration in Queensland? Letters of administration in Queensland is a legal document that gives you authority to manage a deceased person’s estate when there’s no valid will or no executor able or willing to act. The Supreme Court issues this grant after confirming you have the right to act on behalf…
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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 including 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. What Is a Grant of Probate in Queensland? A grant…
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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?
When someone makes a will in Australia, the law doesn’t just accept it at face value. The person needs something called testamentary capacity, which is the mental ability to understand what they’re doing when they sign that document. Without it, the will can be challenged and declared invalid. This creates problems for families. You might…
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Will Dispute Lawyers in Brisbane
Will dispute lawyers in Brisbane can help you challenge or defend a will when disagreements arise over a deceased person’s estate. They evaluate your case, guide you through the legal process, and advocate on your behalf in court when necessary. We’ve helped many Brisbane families with challenging wills and resolving estate disputes. We understand how…
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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…
