Don’t costs come out of the estate?

It is commonly believed that the costs of estate disputes come out of the estate, but this is not always the case. Legal costs are complex, to say the least, but one thing for sure is that there are no guarantees that costs will be paid out of the estate. Often estate...

CAPACITY TO ASSESS TESTAMENTARY CAPACITY

A recent judgment from the Supreme Court in Queensland confirmed that Succession Law Accredited Specialists have the necessary skills to assess testamentary capacity, that is, the mental ability to make a will. The test for testamentary capacity has ever been a legal...

ENDURING POWERS OF ATTORNEY

I recently presented a paper about Enduring Powers of Attorney at the Queensland Law Society Annual Symposium in Brisbane. The focus of the paper was remedying losses in deceased estates. The problem the paper was concerned with was where the beneficiary of a deceased...

A PHOTOCOPY OF YOUR RIGHTS

A colleague of mine explains powers of attorney as “a photocopy of your decision-making power”. It’s a good description. The purpose of powers of attorney is to enable another person to make decisions for you, usually in circumstances where you’re unable to make...