Virtual witnessing of Wills and EPOAs – new Queensland Law

JUSTICE LEGISLATION (COVID-19 EMERGENCY RESPONSE – WILLS AND ENDURING DOCUMENTS) REGULATION 2020 (QLD) (See: https://www.legislation.qld.gov.au/view/html/asmade/sl-2020-0072) As of 15 May 2020, the Queensland Parliament passed the Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Regulation 2020[1] (‘the Regulation’) (set to expire on 31 December 2020). This Regulation was introduced due to COVID-19 social distancing rules and … Read more

Dealing effectively with the passing of superannuation wealth

A recent Court of Appeal decision again highlights the importance of ensuring that your Estate Plan has properly considered how superannuation wealth is effectively passed to intended beneficiaries. This is becoming more important in the context of blended families and where a significant amount of wealth is in super. Preserving discretion may not be the … Read more

Qld law changing to allow virtual witnessing of Wills and EPOAs

Last night, the Queensland parliament passed the COVID-19 Emergency Response Bill 2020 (Qld). I understand it is still awaiting assent. The Act is yet to appear on the Acts as Passed list. Section 25 should be noted which provides (emphasis added) – This Act expires on 31 December 2020. The purpose of this article is to note and welcome … Read more

Would you like your Will and EPOA sent to you?

Do you need a Will or an enduring power of attorney (EPOA) made up? Are you thinking about getting your affairs in order? Are you staying home and staying safe? If it was a resounding ‘yes’ to all 3 questions, we have a solution for you. With the spread of coronavirus (COVID-19), we understand the … Read more

Can control and assets of a Family Trust be given as a gift in my Will? Reschke v Reschke [2017] SASC 192

This question was raised before the Supreme Court of South Australia in the case of Reschke v Reschke [2017] SASC 192, concerning a discretionary family trust called the Rocky Castle Trust (“Trust”), and the last Will of Mr Reschke (“Will”). It was generally accepted by the parties in dispute that it was not possible for … Read more

Mutual Wills: What Are They?

Mutual wills, also known as mutual will contracts, are wills that form a legally binding contract between two people that has the effect of: Having both of the wills drafted in terms that are agreed by the parties making the wills; and Prohibiting either party from revoking or amending their will without the agreement of … Read more

The Effect of Cognitive Impairment on Testamentary Capacity A Look at Re Will of Barlow [2014] QSC 7

Will of Barlow By Courtney Linton & Andrew Lind Issue What is the effect of mild to moderate cognitive impairment on testamentary capacity? The Supreme Court of Queensland has considered the issue. The Facts On 4 March 2008 Mrs Barlow executed a Will, replacing an earlier Will dated 5 October 2006. In the 2006 Will, Mrs Barlow’s house … Read more