How Binding is Your Binding Death Benefit Nomination

A recent case considered by the Queensland Supreme Court Williams v Williams & Anor [2023] QSC 90 has highlighted the importance of taking all of the required steps to ensure a binding death benefit nomination is valid and capable of giving a...

Questions to consider when preparing your estate planning

Who you want to take care of your financial, personal, and medical affairs if you were to lose capacity by way of Enduring Powers of Attorney (financial and personal) and Medical Treatment Decision Makers?Who you want to be your executor and/or trustee?Do you need to...

What is a deceased estate?

When a person dies leaving assets in Victoria, somebody, usually the executor of the deceased person’s Will, has to deal with the administration of the estate. Administering the estate means following the legal processes to distribute the estate as the Will-maker...

Testamentary capacity. What is it?

Testamentary capacity is a gauge of the mental faculties of a testator when they create their will. A testator must be of competent mind, understanding, and memory in order to make a valid will. All testators are assumed to have testamentary capacity until it is...

What is the effect of marriage and divorce on a Will?

It is often that that a marriage or a divorce automatically revokes a will.  Is it so?MarriageSection 13 of the current Victorian Wills legislation  deals with the effect of marriage on a will.Marriage revokes a will unless the will was made in contemplation...