Making Wills with Conditional Gifts
- April 24, 2024
IT’S THE THOUGHT THAT COUNTS: MAKING WILLS WITH CONDITIONAL GIFTS A person making a Will can distribute their estate to anyone they wish and, generally, on whatever terms they deem appropriate. However, a challenge arises when a testator intends to require a beneficiary to do or not do a particular thing before they can receive…
Making a Will Without Capacity
- November 28, 2023
Making a Will Without Capacity – Queensland’s Statutory Will Scheme Testamentary capacity refers to the mental state required to execute a valid Will, and extends to understanding the nature and effect of the document, being aware of the property that forms part of the estate, understanding potential claims against the estate, and being free of…
How does Covid-19 impact on legal services and the law
- May 9, 2020
How does Covid-19 impact on legal services and the law Although undoubtedly, the present restrictions on human contact and movement are having an unpresented impact upon Australia’s economic prosperity and these same factors are undoubtedly impacting also on many people from a mental health perspective. For the most part, none of these restrictions should effect…
Executors Questions Answered
- August 8, 2019
On the 7th of August Zande Law ran a seminar on ‘Executors Questions Answered’. A big thank you to all of our guests. Judging from feedback, all information was well received. Watch out for upcoming seminars!
Testamentary Trusts- Are they a good idea?
- July 13, 2017
Testamentary Trusts – Are they a good idea? A Testator’s Testamentary Trust is a special type of Will. Financial planners often recommend them but what are they and are they a good idea? Normally, the Will appoints an executor and gives to that executor the power to gather in the deceased’s entire estate and distribute…
Your Questions on Wills Answered
- March 20, 2014
We regularly receive questions from clients about Wills. Why should I make a Will? If you don’t make a Will, your assets will be distributed to your surviving relatives according to a fixed priority ranking and none of your assets can even be distributed until one of your relatives obtains authority to do so via…
Using a Power of Attorney to make Family payments
- January 10, 2014
Drop into any domestic family situation anywhere in the world and a culture of “share and share alike” can usually be found. When the family is young, practically everything becomes “communal” except maybe personal clothing and sometimes even that! As the children grow up and parents grow old however, the money, property and favours that…
Wills – Saving money on the lawyer might cost much more in the long run.
- September 21, 2012
When it comes to preparing Wills and making decisions about where a person’s assets are to be left after they die, there is, like most things these days, the temptation to shop around for the cheapest price. “Will Kits” can be purchased from newsagents for just over the cost of a takeaway meal and of…
What’s in a word?
- April 27, 2012
In the Italian language the word “perché” translates to mean both “why” and “because” in English. In Greek the word “love” translates out into four separate terms to cover a broad span of emotions ranging from “irresistible dedication” down to “just above like”. And for the Chinese the battle rages on between linguists as to…
Wills and the rules of construction – Gifts of Property
- April 2, 2012
As is often the case with poorly drafted wills, the Court is left to make an order as to the intention of the testator in circumstances where the testator is no longer able to give evidence. As a result, the Court has over the years developed various rules that are used in the construction of…