In Australian estate planning, the interplay between superannuation and Wills is often misunderstood, leading to potential complications for beneficiaries. Many Australians mistakenly believe that their superannuation is automatically covered by their Will, but this is not the case. Understanding the distinct nature of these two elements is crucial for effective estate planning. The Unique Nature … Read more
In the realm of estate disputes, few cases are as emotionally charged and legally complex as those involving allegations of undue influence and unconscionable conduct. The recent Court of Appeal decision in Bampton v Vourlides QCA 191 serves as a stark reminder of the intricate dance between familial relationships and financial decisions, especially when it … Read more
Introduction This case involves a dispute over the estate of Ms B, who died intestate (without a will) in a car accident on 30 June 2009. The applicant, who is the father of Ms B’s two children, sought a declaration that he was in a de facto relationship with Ms B at the time of … Read more
At ROC Legal, we have encountered many situations where individuals are unable to make a will due to a lack of testamentary capacity. This can be a challenging and emotional situation for families, as they grapple with the prospect of their loved one’s assets being distributed according to intestacy laws, which may not align with … Read more
At ROC Legal, we have seen firsthand the confusion, stress, and potential for conflict that can arise when someone dies without leaving a valid Will. This situation, known as dying “intestate,” can have significant consequences for your loved ones and may result in your estate being distributed in a manner that does not align with … Read more
In a significant move to enhance workplace safety, the Queensland government has introduced new laws aimed at protecting workers who operate or ride as passengers on quad bikes. The Work Health and Safety (Quad Bikes) Amendment Regulation 2024 brings about crucial changes, including age restrictions, passenger limitations, and mandatory helmet use for quad bikes used … Read more
Administering a deceased person’s estate as an executor can be a delicate process that can be complicated by potential challenges to the will and disputes with beneficiaries and others. The possibility of conflict arises because executors are entrusted with the pivotal responsibility of managing and distributing the deceased’s assets according to their wishes. An executor … Read more
Physical injuries such as cuts, bruises and breaks, while painful, are obvious and easy to treat. In contrast, psychological injury can be much harder to detect, often disguised or suppressed by the sufferer – and yet this sort of injury can be more debilitating and enduring than physical injuries. Until recent years the possibility of … Read more
It’s an unfortunate reality that some families end up in legal conflict after the death of a loved one when one or more people feel they have been inadequately provided for from the deceased’s Will. One beneficiary may feel another beneficiary has been favoured over them, or that the deceased ignored their needs despite their … Read more
When legal documents are kept in a person’s home it is surprisingly common for original documents to be misplaced, mistaken as being copies or simply lost. Estate administration takes this into account and there are avenues that can be pursued if all you have is a copy of a Will. In some instances, it can … Read more
In recent years ‘No Win, No Fee’ agreements have become increasingly popular as a way for people to access legal representation when they may not otherwise be able to afford to. Such agreements, sometimes also known as ‘No Win, No Pay’ (and referred to as contingent or conditional-costs agreements by lawyers), are usually offered for … Read more
The word ‘capacity’ is an essential part of ‘legalise’. It is also an essential part of a valid will which can potentially give rise to a will dispute. Solicitors seem to bandy the concept around, particularly in the context of succession law, but have little regard as to whether the meaning is fully understood by … Read more
One of the main reasons people are encouraged to make a will during their lifetime is to provide some certainty about their affairs for their loved ones once they pass. But many people, for whatever reason, do not get around to making a will, or fail to make a legally valid will, meaning they die … Read more
When a loved one dies there is not only grief to manage but a long list of administrative tasks to complete to resolve their affairs. One of those is probate, the legal process to validate a deceased person’s will and ensure that their assets are distributed according to their wishes. This step will generally be … Read more
If a loved one, or someone who was financially supporting you has died, and you have not received ‘adequate provision’, it is possible to challenge the estate (whether there was a will or not). The person challenging an estate is referred to as the ‘applicant’ or ‘plaintiff’ and the legal term for this type of … Read more
