Publications > Wills & Estates

Rostron Carlyle prepares legal articles and papers for its clients on various areas of law.
The latest publications are listed below.

Wills & Estates

  • The importance of a correctly drafted will

    Rostron Carlyle has previously published articles outlining the pitfalls of do-it-yourself wills (access article here) and the benefits of incorporating testamentary discretionary trusts into wills (access article here).  A recent application before the Supreme Court of Queensland has addressed both of these issues and reinforced the importance of obtaining legal advice when > Read More

  • Foreign Resident CGT Withholding Tax – Deceased Estates

    We recently advised of the introduction of the foreign resident CGT withholding tax regime that came into effect on 1 July 2016 under changes to the Taxation Administration Act 1953 (Cth) (see full article here).  By way of brief summary, purchasers are required to withhold from the market value (where such market > Read More

  • Extending time for Family Provision Applications because of solicitors error

    How hard is it to obtain an extension of time to bring a family provision application? Part 4 of the Succession Act 1981 (Qld) (“the Act”) deals with family provision. Within that Part, s 41(8) provides: “Unless the court otherwise directs, no application shall be heard by the court at the instance > Read More

  • Beneficiaries’ considerations when drafting a will

    When a will is being prepared, the testator is naturally concerned with how their estate will be divided amongst loved ones and other beneficiaries but often does not consider the possibility that an aggrieved family member or dependent may be able to bring a family maintenance provision application against the testator’s estate > Read More

  • The pitfalls of do it yourself wills

    The purpose of drafting a will is to ensure that your assets are distributed according to your wishes when you pass away. As such wills and estate planning may appear straightforward particularly since will kits can be purchased from your local newsagent; However, these do it yourself (DIY) wills may result in > Read More

  • When an estranged and ungrateful child is left out of a Will

    On 30 June 2012, Mrs Beryl Burke died aged 93. She was survived by three adult children: Terry, Alan (who was the executor of her Will) and Diana. By Mrs Burke’s Will dated 23 June 2003, she made no provision for Terry with whom she had had no contact for about 20 > Read More

  • International Wills

    Are you up to date with your Will? Do you have assets in Queensland and in another country? How does your Will deal with these assets upon your death? When you have a will and assets in both Queensland and in another country, due to the conflicting laws in each country, problems > Read More

  • Obtaining Supreme Court Grant of Probate for a copy of a will

    A grant of probate is a declaration by the Supreme Court that the will is the last valid will of the deceased person, and that the executor named in the will has the authority to collect the estate assets, pay the estate liabilities, and distribute the estate to the beneficiaries entitled to > Read More

  • Testamentary Discretionary Trusts

    A properly drafted testamentary discretionary trust is one of the most effective estate planning tools available today. What is a testamentary discretionary trust? A testamentary discretionary trust (TDT) is a trust established by your will. Following your death, your estate is distributed to the TDT, rather than to individual beneficiaries, and managed > Read More

  • Undue Influence and Suspicious Circumstances

    The validity of a will may be contested on the grounds that it was made as a result of ‘undue influence’ being exercised over the deceased person by one or more other persons, or on the basis that there are suspicious circumstances surrounding the making of the will. Undue influence In order > Read More

  • Steps in the Administration of a Deceased Estate

    The time following the death of a loved one is always emotionally difficult for family and friends. For those left behind, there is often also the added burden of administering the deceased person’s estate. Because every person’s circumstances are unique, the administration of every deceased estate is also unique in terms of > Read More

  • Probate and Letters of Administration

    In order to complete the administration of a deceased estate, particularly where the assets of the estate are more than a modest value, it is often necessary for a grant of probate or letters of administration to be obtained. Entities such as banks and share registries often insist on sighting a grant > Read More

  • Letter of Wishes

    Making a will is one of the most important things you can do to ensure that your loved ones are properly provided for in the event of your death. Obviously, the primary purpose of a will is to ensure that your estate will pass to your intended beneficiaries. However, there are many > Read More

  • Issues to Consider when Making Your Will

    Making a will is one of the most important things you can do to ensure that your loved ones are properly provided for in the event of your death. Obviously, the primary purpose of a will is to ensure that your estate will pass to your intended beneficiaries. The purpose of this > Read More

  • Interpretation of Wills

    Disputes sometimes arise as to the correct interpretation of the words used in a will. Common problems with interpretation of wills The most common problems that arise in relation to the interpretation of wills are: problems with the description of the property disposed of in the will; problems with identification of the > Read More

  • Informal Wills

    Sometimes, a will is not executed in accordance with the formal requirements for a valid will. This can lead to difficulties in the administration of a deceased person’s estate. occur in a range of circumstances, including: where a person uses a home will kit and does not sign the document in accordance > Read More

  • Family Provision Applications

    One of the most common ways in which wills and deceased estates are contested is through a family provision application. What is a family provision application? A family provision application involves a person within a defined relationship to the deceased making an application to the court seeking a share of the estate, > Read More

  • Enduring Power of Attorney

    If you lose the capacity to make decisions for yourself, there will be a need for someone to be able to make decisions on your behalf. If you do not have an enduring power of attorney, then if you lose capacity, it would be necessary for an application to be made to the > Read More