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…
Category: News
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…
Contesting a Will – Who Pays for the Fight & How Much?
In June this year, His Honour Judge McGill SC of the District Court, Brisbane delivered a decision concerning costs of a Family Provision Application involving a small deceased estate (Baker v Baker (No.2) [2019] QDC 140). The Applicants in that case, the surviving spouse and adult son, achieved an order in their favour on the…
Is Surrogacy in Australia legal?
If you are thinking about Surrogacy in the Toowoomba, Warwick or Kingaroy region, please contact our Family Law team on 4638 1133 Surrogacy arrangements can seem difficult and complicated for all involved, but they don’t need to be. We understand the difficulties that people face on all sides of a surrogacy agreement, and we’re here…
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…