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Executors (and others) Behaving Badly (?)

An Executor or Administrator (“Personal Representative”) is bound to administer a deceased person’s estate according to the Will or otherwise, according to Law. However Personal Representatives are frequently provided discretion as to how the deceased person’s estate is distributed (for example, where a Will creates a Discretionary Testamentary Trust) and in exercising those discretions, beneficiaries…

WILL MY SPOUSE GET ‘HALF’?

It is a common misconception that “My spouse/partner will automatically receive half my property when we separate”. The Court is required to be satisfied that it is “just and equitable” to make an Order altering property interests – that is, splitting assets and liabilities between separated parties. In determining a “just and equitable” division of…

What an Enduring Power of Attorney Covers in QLD

This article is Part 2 of 5 related to Life Planning. We are covering the difference between Wills, Powers of Attorney and Enduring Powers of Attorney… plus a few things to consider when having your Enduring Power of Attorney drafted. Should you need to review your Will, Power of Attorney or Enduring Power of Attorney, please…