Challenging a Will
There are two broad bases to challenge a Will:-
- The first is an Application under Part 4 of the Succession Act to vary the Will terms to leave a greater share of the estate to a particular party, on the basis that adequate provision was not made for them;
- The second seeks to set aside the Will because it was not validly made based on lack of testamentary capacity or being made under undue influence.
What are my duties as Executor of a Deceased Estate?
As Executor, your duties are four-fold :-
- Arrange and pay for the funeral (and the deceased’s monies are to be used first for that purpose);
- Get all the deceased’s assets under your control and secure them;
- Pay the deceased liabilities and expenses (including any final tax return);
- Distribute what is left in accordance with the terms of the deceased’s Will
What to know if you are making a Claim for Negligence (Personal Injury)
You should keep a careful record of all expenses you pay for obtaining medication or medical treatment, and keep the receipts – most insurers will want to see them. If you believe you need physiotherapy or specialist treatment to assist your recovery, an insurer may agree to pay for that.
The following steps will usually be appropriate to take:-
Queensland Court Rules Amendments – Changes to Scale of Costs (2018)
On 24 August 2018 the Uniform Civil Procedure Rules 1999 (UCPR) was amended to change the amounts recoverable to legal costs.
Schedules 1 to 3 in the UCPR (the scale of costs) have been replaced with schedules 1 and 2. Professional fees have been increased in the new scales.
Planning Your Will/Estate
Who will be your beneficiaries? How will your estate be shared among these beneficiaries? Who will you nominate as residuary beneficiary, if the main beneficiaries die? Have you made adequate provision in your will for your dependants?