How to contest an Estate in Queensland if there is no Will What happens when someone dies without a Will? When a person dies without a Will, they are said to have died ‘intestate’. When this occurs the deceased’s Estate is distributed according to legislation which, in Queensland, is governed by the Succession Act 1981...
After reading last months article regarding estate planning (click here), you will now realise how important it is to have a Will and hopefully you’ve decided to get your Will done (well done!). Unfortunately, not all estate planning or Wills are created equally. Our Gold Coast team often see people trying to cut costs by...
Affinity Lawyers experienced Wills & Estate Lawyers have written many articles on the importance of having a current Will, however we are still finding many people don’t properly understand the pitfalls and ramifications that can occur if they were to die without a Will. What happens if I die without a Will? Essentially, if you...
What is the difference between mutual wills and mirror wills? Many people are proactive when it comes to their estate planning matters, and make sure that they have a current and valid will which documents their intentions upon their passing. Couples who are in a relationship and who have children often choose to have their...
A recent decision of the Supreme Court of Queensland has highlighted the importance of firstly, having a current will, and secondly, understanding the correct way to have your will updated if you change your mind about the contents of your will, including changes to any beneficiaries. THE CASE In this case, a gentleman ‘Mr M’...
We have had a number of matters in recent months whereby clients who own properties with another person (for example, married partners) are unsure or unaware of whether they are holding the property as ‘joint tenants’ or ‘tenants in common’. Further, it appears that many are in fact holding property as ‘joint tenants’, despite not...
As we become an increasingly globalised society, it is becoming more common for people’s Estates to include foreign assets. If you have assets located overseas, whether it be real property (like a house or land) or personal property (such as bank accounts, vehicles, boats and household items), advice should be sought and careful consideration given...
Although acquiring digital currency is increasingly common in this day and age, it is also an area which, due to its relatively recent surge in popularity, is often overlooked when people are having a new Will drafted. Cryptocurrency or digital currency (such as Bitcoins) is big business, with a very large (and unquantifiable) number of...
Separation is a tumultuous time for all involved, usually requiring parties to navigate logistical issues such as living arrangements, finances and working together to provide a stable environment for any children and pets, and at the same time as continuing to work and attempt to process emotions, feelings and to grieve for the loss of...
