Notebook: Jobson v Clarke – Consent Orders in Family Provision Applications
Jobson v Clarke [2021] QDC 320 This judgment from the District Court of Queensland concerns a family provision application where the respondents required an extension to file their affidavit. The core issue was whether a registrar or a judge should approve consensual variations to directions orders in such applications. The judge ruled that, per the relevant rules and practice directions,…
What is testamentary capacity?
The test from Banks v Goodfellow (1870) is a foundational legal standard for determining testamentary capacity, which is the ability of a person to make a valid will. The test outlines four key criteria that a testator must meet: 1. Understanding the Nature of the Act: The testator must understand that they are making a…
Will Dispute Lawyers in Brisbane
Navigating Will Disputes: A Guide to Finding the Best Will Dispute Lawyers in Brisbane Understanding Will Disputes What is a Will Dispute? A will dispute occurs when someone contests the validity or provisions of a will, often due to concerns about the will maker’s capacity, undue influence, or inadequate family provisions. These disputes can be…
Challenging a Will in Queensland
A Guide to Challenging a Will in Queensland: Know Your Rights and Options Understanding the Basics of Contesting a Will What is a Will and How is it Contested? A will is a legal document that outlines how a person’s assets will be distributed after their death. Contesting a will involves challenging the validity or…
Contesting a Will Cost
What is the Average Contesting a Will Cost and How to Manage It Understanding Contesting a Will Costs Generally, the costs of a successful application are paid out of the estate, though the court may order payment of costs as it sees fit. If you believe the will is incorrect, it’s crucial to understand the…
What is a Family Trust?
A family trust is a legal arrangement where a trustee (a person or a company) holds and manages assets for the benefit of family members, known as beneficiaries. It serves as a financial safety net to support your family now and in the future. Do I Need a Family Trust? The need for a family…
Vision of the law firm
Our vision is to be the leading provider of compassionate and empathetic deceased estate dispute resolution services in the Brisbane community. We strive to provide top-quality legal work that addresses the needs and concerns of families during the difficult time of the death of a loved one.
Left out of a will? Here’s what you need to know.
If you want to challenge a will, you need to be an Eligible Applicant according to the law at the time the deceased passed away. This usually means that you were a spouse, child or grandchild who depended on the deceased for financial support. The person who is in charge of the estate (the executor)…
