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What if my proposed executor lives overseas?

It is often the case that executors live far and wide and that is usually not an issue in estate administration. Care must, however, be taken before appointing an overseas resident to be the sole executor of an Australian estate. An estate is a trust. The residency...Read More

The attorney sold the house!

This is the third in our series answering common questions about Estate and Probate disputes. It is a common feature of estate planning for a person to appoint someone to act for them in the event they lose capacity. This is typically done through an Enduring Power of...Read More

“Who gets the fishing gear?”

In a recent Supreme Court of Queensland case, the Judge was asked to interpret the meaning of a clause in a Will that gave “all of the fishing gear” and a 37ft fishing trawler to the deceased’s son. The question for the judge was, “does the fishing gear include the...Read More

It’s enough to give you the (estate planning) blues…

Not only did one Mr James Tedesco sink the hearts of all Queenslanders with a last-minute try to clinch this year’s State of Origin Series, now those pesky southerners are trying to disrupt the estate plans of us Queenslanders!! The laws in New South Wales relating to...Read More

Can my step-children contest my Will?

In Queensland, there are three main categories of people who can contest a Will.  The spouse, the child and the dependant. Families come in all sorts of shapes and sizes and with blended families being very common these days, the words “spouse, “child” and dependant”...Read More