Family dynamics aren’t always straightforward, and sadly, many people experience fractured or estranged relationships with loved ones. When it comes time to make a Will, these strained ties often raise one of the most difficult and controversial questions in estate planning: can you legally leave someone out of your Will?
In this week’s episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, joins host Sofie Formica to discuss the legal realities of disinheriting an estranged family member – often referred to as the black sheep of the family.
Duncan explains:
•	Whether a parent can exclude an adult child (or another family member) from inheriting from their estate.
•	How Queensland courts deal with Family Provision Claims brought by estranged children.
•	Whether a history of poor behaviour, abuse, or violence can affect a person’s right to contest a Will.
•	The practical steps someone can take to minimise the risk of a challenge if they genuinely wish to disinherit a family member.
•	Why seeking legal advice is essential for anyone worried about their estate being contested.
While it is possible to disinherit someone, the courts ultimately have the power to step in and determine whether proper provision has been made for certain family members.
Whether you’re an executor acting on behalf of an estate, a parent considering your estate plan, or someone concerned about being excluded from receiving an inheritance, this discussion offers valuable insight into how the law addresses these complex and emotionally charged situations.


24th Sep 2025 - Duncan MacDougall - Estrangement and family provision claims

Being involved in a car accident is a stressful and overwhelming event — whether it’s a minor bump in the car park or a serious collision. 
In this episode of Law Talks on 4CRB (89.3FM), Attwood Marshall Lawyers’ Legal Practice Director Jeff Garrett joins Robyn Hyland to break down the practical steps you should take at the scene of an accident, how insurance companies decide who’s at fault, and what every driver needs to know about different types of insurance cover.
In this episode, Jeff explains:
•	What to do immediately after an accident – from ensuring everyone’s safety to exchanging details, and when it’s necessary to call the police.
•	How fault is determined – why traffic rules are key and what role insurers (and sometimes police) play in deciding who was responsible for the accident.
•	Insurance explained – the differences between comprehensive cover, third-party property damage, and public liability.
•	The risks of “free hire cars” – and why drivers need to be cautious of claims farmers.
Jeff’s key takeaway? Never admit liability at the scene, always gather the other driver’s details and evidence of the accident and seek proper legal advice before making any decisions. The right advice can protect you from unexpected costs, disputes with insurers, or missing critical deadlines for making a claim.


Law Talks - Car Accidents and Insurance Claims - Jeff Garrett

When someone passes away, finding their Will should bring clarity about their wishes. But what happens if the original Will can’t be found, has been destroyed, or there are multiple versions that say different things?
In this week’s episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, joins Sofie Formica to unpack how the law deals with these tricky scenarios.
Duncan explains:
•	What happens if a Will goes missing or several conflicting versions are discovered.
•	Whether a copy of a Will is enough to apply for probate if the original cannot be found.
•	What the courts consider if there are allegations that a Will was destroyed or tampered with.
•	How judges decide which version is valid when multiple Wills exist.
•	Practical steps people can take now to protect their final wishes and avoid disputes later.
Losing a loved one is hard enough without adding uncertainty about their estate. This discussion sheds light on why it’s so important to keep Wills safe and up to date — and what families should do if things go wrong.


1st Oct 2025 - Duncan MacDougall - Lost and damaged Wills

When it comes to planning your estate, many people are tempted by offers of “free Wills” or low-cost solutions like the DIY kits you can purchase from Australia Post. They sound convenient and budget-friendly, but as our Legal Practice Director Jeff Garrett explains in this week’s Law Talks episode, these shortcuts can end up costing families dearly.
Jeff joins Robyn Hyland on 4CRB to unpack the pitfalls of so-called free Wills – from online templates to Wills prepared by the Public Trustee. While they may appear valid, they’re often too simplistic, overlook complex family situations, and are usually not prepared by an experienced estate planning lawyer. That means critical details get missed, documents are signed incorrectly, or vague wording leaves families battling in court. The outcome? Estates tied up in costly disputes that can drain hundreds of thousands of dollars.
As Jeff points out, there really is no such thing as a “simple Will.” Whether you have a blended family, own property, hold superannuation, or run a business, the legal and financial implications require specialist advice. Even the Public Trustee, which often positions itself as a safe choice, has been criticised for conflicts of interest when appointing itself as executor, which can add to the stress and expense of administering an estate following the death of a loved one.
Jeff also highlights the importance of updating your Will whenever major life events occur, such as marriages, divorces, births, or the passing of someone named in your documents. Out-of-date or poorly drafted Wills can cause just as much trouble as having no Will at all.
The key message is clear: there’s no substitute for having your Will prepared by an experienced estate planning lawyer. It’s a small investment now that can save your loved ones enormous stress and financial burden in the future.

Law Talks - No Such Thing As A Free Will - Jeff Garrett

In this week’s Brisbane Legal Lowdown on 4BC’s Afternoons with Sofie Formica, Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, joined Sofie to answer a fascinating question: can you really rule from the grave?
Many people attach conditions to their Will to try to control how their assets are used after they’re gone – but not all conditions are valid or enforceable. Some create unnecessary stress for families, while others can spark legal disputes that end up in court.
In this discussion, Sofie and Duncan cover:
•	What “ruling from the grave” means and how people try to extend their influence after death by setting strict rules in their Wills. 
•	Which conditions can hold up? Some provisions, such as allowing a spouse to remain in the family home for a set period, may be legally valid. At the same time, restrictions based on marriage, relationships, or religion are often challenged. 
•	There are alternative strategies that may work better that adding too many conditions in your Will, such as creating a testamentary trust, staggering distributions for children, or restructuring assets during your lifetime.
•	Beneficiaries who feel a condition in a Will is unreasonable or impossible to meet often have legal avenues to challenge it. 
Placing too many conditions in your Will may seem like a way to protect your legacy, but it can just as easily create conflict and lead to costly litigation. 
Clear, strategic estate planning, guided by an experienced solicitor, ensures your wishes are respected while protecting your loved ones from unnecessary stress.


8th October - Duncan MacDougall - Ruling from the grave and terms in Wills

October is National Safe Work Month, a timely reminder that while workplace safety regulations have advanced, accidents and injuries remain a harsh reality for many Australians. 
In this episode of Law Talks on 4CRB, Henry Garrett, Senior Associate in Compensation Law at Attwood Marshall Lawyers, joins Robyn Hyland to explore the state of workplace safety, the most common types of injuries, and what steps workers should take if something goes wrong on the job.
What’s covered in this episode:
•	Have things really improved?
While statistics show a gradual improvement, Henry explains why serious accidents still occur in high-risk industries such as mining, construction, and trades.
•	Common workplace injuries.
From falls off scaffolding and roofs to lifting injuries causing spinal damage, Henry shares the cases he sees most often and how they can impact a worker’s life well beyond the physical injury.
•	The critical first steps after an accident.
Reporting the incident immediately and getting medical evidence is vital. Without a record, a claim may be rejected. Henry emphasises the importance of acting promptly, particularly with the strict six-month time limit for WorkCover claims.
•	Assuming your employer will take care of it all.
Many workers assume their employer will “take care of it,” but Henry explains how this can backfire if incidents aren’t reported adequately to WorkCover.
•	Understanding the workers’ compensation system.
Henry breaks down the two phases of the scheme, from statutory benefits through to the crucial decision of whether to accept WorkCover’s lump-sum offer or pursue a common law negligence claim for greater compensation.
•	Why legal advice matters.
Unrepresented workers are often underpaid or forced to return to work too soon. Seeking timely legal advice ensures your rights are protected and fair outcomes are achieved.
•	What needs to change?
Henry calls for better training and reporting obligations for employers, as well as a faster and fairer process for reviewing WorkCover decisions, which can currently leave injured workers waiting months for answers.
Henry’s message this National Safe Work Month is clear: if you’re injured at work, don’t be afraid to make a claim. That’s what the system is designed for. And for employers, investing in proper training and genuinely looking after staff is not just good practice – it’s a legal responsibility.


Law Talks - Henry Garrett- National Safe Work Month

In this week’s episode of Brisbane’s Legal Lowdown on 4BC, host Sofie Formica is joined by Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, to unpack one of the most powerful yet commonly misunderstood legal documents – the Enduring Power of Attorney (EPOA). 
While an EPOA is designed to protect you by giving someone you trust the authority to make financial, personal, and heath decisions on your behalf if you lose capacity, Duncan explains that it can also be one of the most misused legal instruments. Disputes over powers of attorney are increasingly common – often dividing families and leading to costly litigation. 
The discussion begins with the basics – what an Enduring Power of Attorney is, how it operates while you're alive, and the difference between appointing someone for financial versus personal or health matters.
Duncan explains that while you can technically appoint up to four attorneys, having too many decision-makers can lead to confusion and conflict, recommending a carefully chosen balance of trust and accountability. 
Sofie and Duncan also address common listener concerns, including:
What happens if you don’t have an EPOA in place — and how loved ones may need to apply to QCAT (the Queensland Civil and Administrative Tribunal) to be appointed as an administrator or guardian.
What to do if you fall out with your attorney — and the process of revoking and replacing the document while you still have capacity.
How financial abuse occurs, particularly when an attorney misuses their position to benefit themselves, and the legal steps families can take if they suspect misconduct, including tribunal applications to review or revoke an appointment.
Listeners also phoned in with questions including one listener asking about changing an EPOA after having a falling out with the person you have appointed as your attorney.
To wrap up, Duncan reminds listeners that an Enduring Power of Attorney is just as important as a Will — because it safeguards your affairs while you’re still alive. He encourages everyone to review their documents every three to five years, nominate backups, and ensure their chosen attorney understands and accepts their responsibilities.
The episode concludes with a discussion on Advance Health Directives, which allow people to specify their medical preferences, such as resuscitation and life-sustaining treatments, so their wishes are clear before capacity is lost.

15th October - Duncan MacDougall - EPOAs

E-scooters and e-bikes have taken over streets across Queensland, offering a quick and convenient way to get around. But behind their popularity lies a worrying trend – a surge in accidents, serious injuries, and fatalities.
In this episode of Law Talks on 4CRB, Compensation Law Senior Associate Henry Garrett joins Robyn Hyland to unpack why these devices have become such a major safety concern and what needs to change before more lives are lost.
Henry explains how hospital admissions for e-bike injuries have soared, with riders and pedestrians both at risk — particularly on the Gold Coast and in Brisbane. Unlike car accidents, there’s no compulsory third-party (CTP) insurance scheme for e-scooters or privately owned e-bikes, leaving many injured people without legal recourse. 
Henry outlines the difficult reality for victims, the gaps in current legislation, and the recommendations he put forward in his submission to the Queensland Parliamentary Inquiry into e-scooter and e-bike safety.
From stronger penalties and rider education to the potential need for licensing, registration, and insurance, Henry highlights practical reforms that could help protect road users and restore balance between convenience and community safety.
Whether you’re a rider, driver, or pedestrian, this episode is a must-listen for anyone concerned about how fast this issue is escalating and what can be done to prevent further tragedies.


Law Talks - Henry Garrett - Ebike and Escooter Injuries

As Australia’s ageing population continues to grow, more families are finding themselves in unfamiliar territory — suddenly stepping into the role of carer for a parent or partner. In this episode of the Brisbane Legal Lowdown on Afternoons with Sofie Formica, Accredited Aged Care Professional and Paralegal Bindy Marshall, joins Sofie Formica to discuss what happens when illness, disability, or cognitive decline changes the person you’ve shared your life with — and how to find the proper support.

Bindy shares heartfelt, practical insights from her work helping families navigate Australia’s complex aged-care system. She explains why so many people struggle with My Aged Care applications, what the difference is between a Residential Accommodation Deposit (RAD), a Daily Accommodation Payment (DAP), and other aged-care jargon, and how carers can access services such as Carer Gateway (1800 422 737) and Wellways (1300 111 400) when they need help.

The discussion also highlights the importance of planning ahead — having an up-to-date Enduring Power of Attorney, Advance Health Directive, and Will in place long before a crisis occurs. Bindy emphasises that these documents ensure your wishes are respected while you’re alive and relieve your loved ones of unnecessary stress during already emotional times.

From understanding carer fatigue to managing sudden health declines and ensuring both the carer and the person receiving care are protected, this conversation sheds light on the emotional, legal, and practical challenges many families face — and the trusted guidance available from an Accredited Aged Care Professional.

22nd October - Bindy Marshall

When it comes to estate planning, most people focus on what’s in their Will — but who you appoint to carry out your wishes can be just as important.
In this episode of Law Talks on 4CRB, Attwood Marshall Lawyers’ Legal Practice Director, Jeff Garrett, joins Robyn Hyland for Law Talks to discuss one of the most misunderstood aspects of estate planning: selecting the right executors and attorneys.
Jeff explains the critical responsibilities these roles carry – from managing funeral arrangements and distributing assets for executors, to making life-changing financial or health decisions for attorneys if you lose capacity. 
He shares real-life examples of what can go wrong when the wrong people are appointed to these roles, and how poor choices can lead to family conflict, financial loss, or even legal disputes.
This episode also discusses:
•	The difference between an executor in a Will and an enduring power of attorney.
•	Why these roles are far more demanding than many realise.
•	The dangers of appointing someone who isn’t financially responsible or lives far away.
•	When it might make sense to appoint a professional executor or attorney – and how this can provide peace of mind and transparency.
•	The risks of relying on Public Trustees and how their fees compare with engaging an experienced estate lawyer.
Jeff’s key advice? Don’t take shortcuts. Estate planning is not a “do-it-yourself” task. Choosing the right executors and attorneys, with guidance from an experienced estate planning lawyer, ensures your affairs are managed properly and your loved ones are protected when it matters most.


Law Talks - Jeff Garrett - Executors and Attorneys - Choosing the Right People

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