Leaving a gift to a charity / charitable gifts in Will

The importance of getting it right.  Often beneficiaries of an estate are relatives, but a charity or association can also be included as a beneficiary. Leaving a gift to a charity or association on your death can provide a lasting legacy and support to that charity or association. It… >

Will Tips – Part 2

Part 2 addresses the issue of revocation and includes the tale of a will destroyed in a drunken rage. This blog is part of a series on the practical considerations and issues associated with writing a will. Part 1 addressed the heading, commencement and testimonium of the Will, Part 2… >

Will Tips – Part 1

This blog is part of a series on the practical considerations and issues associated with writing a will. Where better to begin than at the start. The first component of the will is generally referred to as the “heading, commencement and testimonium”. The purpose of this component is to state that you… >

Digital Probate

The Courts Administration Authority is preparing to launch its new Electronic Court Management System known as CourtSA for Probate matters from 26 November 2018 promising quicker processing but no cost savings to court users. CourtSA will essentially allow us to provide data to complete online forms for the purpose of the… >

Phone Wills

The Supreme Court of Queensland has decided that the recorded wishes of a dying woman filmed on a phone is valid as her final Will. Last year I posted blogs addressing text message wills and the emerging trend of video wills. The landmark decision in the matter of Marian Demowbray involved an application lodged by… >

DIY Will Kit Disasters #2

Earlier this year I wrote about the Supreme Court of South Australia decision in Cox (Deceased) involving a DIY Will Kit. Not surprisingly, case law continues to expand in the area of DIY Will Kits with another decision handed down in the Supreme Court of Queensland. The case of Rhodes v… >

Inheritance Update – Claims by Adult Daughters

The Supreme Court of South Australia case of Butler v Tirburzi decided a claim made by a 66 year old adult daughter who successfully argued that she had been left without adequate provision from the estate of her father. In summary, the facts of the case were as follows: The… >

Do I need a will?

Many people are not aware of the complications and potential costs associated with dying intestate (without a Will) or the potential benefits of having a Will. When a person dies without a Will they are said to die ‘intestate‘. In these circumstances, the provisions of the Administration and Probate Act determine who can… >

Inheritance Disputes

Tips for Avoiding Inheritance Disputes The main causes of inheritance disputes are as follows: Uncertainty or disagreement about what the deceased would have wanted. The use or maintenance of an asset such as a house. A belief that the assets were unfairly divided. The division or distribution of sentimental items… >

Who will get your super if you die?

It is likely that unless you have recently considered this you do not know. We have previously written about the importance of a will, but as highlighted in The Advertiser today (9 January 2015) it is important that you make a comprehensive estate plan. For young people especially a superannuation death benefit is… >

What is probate?

Probate is a document issued by the Supreme Court of South Australia where a Will has been proved to its satisfaction. The Supreme Court of South Australia is the only court in this state that can make orders in connection with the validity of a Will of a deceased person… >