Informal Wills in Queensland

In an ideal world, we would all be up to date with our planning, including our estate planning. Unfortunately, studies show that a large proportion of Australian adults do not have a current, up-to-date will. What happens when someone dies without a will, but with another document that may purport to be a will but that doesn’t meet the formal requirements? In 2006 changes were introduced to the Succession Act 1981 (Qld) (the Act) which authorised the Queensland Supreme Court to recognise (in limited circumstances) these ‘informal wills’ in Queensland.

News round up – Estate Planning

Recent national news stories have put the issue of estate planning into the spotlight. These articles highlight generally the critical importance of appropriate estate planning for Australian adults of all ages.

Independent Advice Certificate

Commercial lease QLD

It is becoming increasingly common for banks and other lenders to require borrowers or guarantors to obtain independent legal advice about their rights and obligations. Generally, these lenders will require that the solicitor providing the advice gives the lender an Independent Advice Certificate which certifies certain things.

Shareholders’ Agreements

A shareholders’ agreement is an agreement that governs the relationship between a company, its shareholders and other key people. A shareholders’ agreement shouldn’t be an ‘off the shelf’ product, rather the agreement should ideally be negotiated between the shareholders and the company to ensure that it properly deals with the specific issues of that company.

Who controls a Discretionary Trust?

Discretionary trusts (often referred to as family trusts) are a very common method of holding assets in Australia, and are used to hold property and other financial assets and also as a way to own and operate small businesses.

Mental Health and Capacity

October is Mental Health Month and 10 October 2019 is world Mental Health Day.

More than 1 in 5 Australians are affected by mental illness, and there are a range of legal issues that can arise for sufferers and their family and supporters. One of the most critical legal issues when considering mental health is that of ‘capacity’ – the circumstances in which a person can make decisions for themselves, and the circumstances in which they can delegate these decisions.

Estate Planning and Coronavirus

With the rapidly escalating responses to the coronavirus pandemic, it is more important than ever to ensure that you have an appropriate estate plan in place – and in particular a valid enduring power of attorney and/or advance health directive, in order to ensure that you (or the people that you choose) can make decisions about personal and health care.