A Life Plan ? A number of our clients who wish to make an enduring power of attorney (EPOA) sometimes struggle to work out who they should appoint, because of the multiple issues the attorney will have to deal with, when the person granting the EPOA, loses their capacity for independent decisions. Sometimes, too, their […]
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Challenge of a Will – See the Experts There are some threshold criteria for anyone who intends to challenge a will. One is a direct relationship with the deceased, either by bloodline or marriage. The second requirement is to demonstrate some formal financial dependency upon the deceased. If you are an executor or who is
Challenge of a Will – See the Experts Read More »
Where a named executor no longer has (mental) capacity, we can make an application to the Court to have a grant of probate made in favour of his or her attorney. This is why a power of attorney should be made by everyone before or at the time they make their wills. When we
Power of Attorney if executor loses capacity Read More »
The Powers of Attorney Act 1998 has recently been amended to change the forms we are currently using for Enduring Powers of Attorney (EPOA) and Advanced Health Directives (AHD). As a consequence, new forms for both EPOA and AHD have been issued and must be used to prepare both documents, from 30 November 2020. From
Important Changes to Powers of Attorney and Advanced Health Directives Read More »
This is an actual Case Study In Re Hartley [2020] QSC 251, Judge Henry of the Supreme Court of Queensland held that a person was able to bring an application for removal of an executor in circumstances where he was not a beneficiary of the estate but was an eligible person to make a family
Can someone who isn’t in the Will remove an executor? Read More »
Disposing of an asset after making a Will can have significant and unexpected consequences for an intended beneficiary. If you have made a specific gift of an asset to a particular beneficiary in your Will, such as your home, and that asset is later sold without your Will being updated, your beneficiary may miss out
Gifts to Beneficiaries by Will: Going, Going……Saved! Read More »
You may already have signed a Will with your Gold Coast or Probate solicitor and many clients have heard about Enduring Power of Attorneys, but there is often confusion about what they actually do and when they come into effect. A general Power of Attorney (GPA) is only valid when the Principal, or the person
The low-down on Powers of Attorney Read More »
Where there’s a Will there’s a way Most people wonder why they need to hire a Probate lawyer to finalize an estate on the Gold Coast. But as they say “you can’t take it with you when you die.” Probate lawyers can help the surviving family distribute your assets and settle debts after you are
Where there’s a Will there’s a way Read More »
