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In China wills are rarely written. Acknowledging death by writing about it is considered highly superstitious and is believed to bring death closer. Although most people have thought about what will happen to their estate when they die, these intentions are spoken rather than written down to avoid bad luck. Many people in China still […]…
Testamentary Freedom- the principle that a person can leave assets in their will to whomever they wish — and leave out those who might expect to inherit, is a fundamental principle of law. However, recent decisions made by the court under the Succession Act 1981 (Queensland) seem to have sidestepped this principle in favour of beneficiaries. In […]…
Simple Wills and Drop Bears Camping for the uninitiated in Australia can be terrifying: the most venomous snakes in the world, man-eating crocodiles on our most serene beaches and, of course, the all-pervading threat of a drop bear… …so, some will claim. People should have a healthy fear of many things in the Australian bush, but […]…
The Halo of Death and Other Unicorns The Unicorn A quick search on the internet of the phrase Books on Unicorns will quickly reveal a never-ending assortment of titles. I must confess I have read none of them, but one title did get my attention; Zombies Vs. Unicorns (by Holly Black). Good grief, as if it’s not hard enough […]…
Bower Birds & Estate Planning – It’s All About Preparation Preparation is important.  A male bower bird is an interesting creature.  It will expend great effort in collecting all manner of shiny objects, to build a so-called bower.  Hours are spent preparing to court a female bower bird.  Estate planning also involves a great deal of preparation in collecting things, though not necessarily any […]…
My life is a lie! (and how to fix a broken trust deed) The Truman Show In the 1998 movie, the Truman Show, Truman Burbank (Jim Carrey) discovers there is something not quite right about his world. Life comes crashing down on Truman when he uncovers that all of his friends, work colleagues and family […]…
COVID-19 Emergency Regulation Permits Wills Via Audio-visual Link Written by Naomi Williams The law of wills and estates is not typically a rapidly changing field, but much is unprecedented about life during the coronavirus pandemic. On 14 May 2020 the Governor in Council made an emergency regulation permitting the remote signing and witnessing of wills […]…
Estate Planning After Losing A Capacity It had always been the case that if someone lost their marbles in old age it was no longer possible for them to change their Will.   A lot of times, as a lawyer, you would have someone in your office who clearly did not have capacity to understand […]…