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…
Tag: Wills & Estates
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…
What happens if there is no Enduring Power of Attorney
This is article 3 of 5 related to Life Planning. We recently discussed what an Enduring Power of Attorney covers. This article is about what happens if there is no Enduring Power of Attorney in place. To appoint an Enduring Power of Attorney for your personal and financial needs, please contact Troy on 4638 1133…
Are DIY or Dirt Cheap Wills Legal?
This article is Part 1 of 5 articles related to Life Planning. We’ll be covering Wills, Enduring Power of Attorney, Superannuation and what happens when these are not structured correctly. Should you need to make a Will or Enduring Power of Attorney, please contact our Estate Planning team on 4638 1133. Making a Will…