In this week’s episode of Brisbane’s Legal Lowdown on 4BC, Attwood Marshall Lawyers Estate Litigation Senior Associate Duncan MacDougall joins Sofie Formica to explore a topic that is sadly becoming more common in our ageing population: what happens when someone signs a Will but may not have had the mental capacity to do so?

As Australians live longer, cognitive issues like dementia are on the rise, often complicating end-of-life planning. Duncan unpacks the concept of testamentary capacity, the legal test to determine whether someone was of sound mind when they made or changed their Will.

The episode delves into:

What mental capacity means in legal terms when creating a Will or Enduring Power of Attorney

What evidence courts look for when a Will is challenged

Why early legal advice and medical assessments can protect families and prevent disputes

How DIY Wills and informal documents increase the risk of challenges, particularly when elder abuse or undue influence is involved

Real-life examples of Wills overturned due to lack of capacity

Duncan emphasises that it’s not just about having a diagnosis of dementia, capacity can fluctuate, making timing and documentation critical. He urges families to get a baseline assessment and prepare estate planning documents early, reviewing them regularly as circumstances change.

Whether you’re supporting an elderly loved one or managing your own affairs, this episode highlights the importance of taking proactive legal steps to safeguard your wishes and avoid family conflict down the track.

30th July - Duncan MacDougall

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

Henry discusses Mayor Tom Tate's letter to the Premier to introduce more laws around e-bikes

Henry Garrett talks to ABC Radio Gold Coast about whether we need more laws for e-bikes

Pets are part of the family — but what happens to them if something happens to us?
In this week’s episode of Brisbane’s Legal Lowdown on 4BC, Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall joins Carla Bignasca, who stepped in for Sofie Formica, to talk about a topic close to many hearts – planning for your pets in your Will. 
The conversation was sparked by the recent passing of Hollywood legend, Diane Keaton, who reportedly left $5 million to ensure her beloved golden retriever, Reggie, would be cared for after her death. While that might sound extravagant, Duncan explains that it’s becoming increasingly common for Australians to include their pets in their estate planning. 
He outlines the legal realities – that pets are considered property under Australian law, which means they can’t inherit money directly. However, there are ways to make sure they’re provided for, including:
-	Setting aside funds to be managed by a trustee for their care;
-	Naming a guardian or caretaker in your Will;
-	Leaving clear written instructions alongside your estate documents to ensure your wishes are followed; and
-	Registering your pets with legacy programs like the Animal Welfare League’s Legacy Pets Program, which steps in to rehome and care for pets after their owners pass away.
Duncan also shares insights into how these plans can extend beyond your Will. Under an Enduring Power of Attorney, you can direct your attorney to cover ongoing pet care costs if you lose capacity or move into aged care – ensuring your furry, feathered, or scaled companions continue to receive the care they deserve. 
Whether you’re a lifelong animal lover or just starting to think about estate planning, this episode is a gentle reminder that your Will isn’t just about money — it’s about your family, including your pets, and ensuring your wishes will be honoured. 


29th October 2025 - Duncan MacDougall - Brisbane's Legal Lowdown on 4BC

Our pets bring us joy, companionship, and unconditional love. Yet, few of us stop to think about what would happen to them if we weren’t around to care for them.
In this week’s Law Talks episode on 4CRB (89.3FM), Estate Planning Lawyer Leigh Steyn joined Robyn Hyland to discuss how to make sure your furry (or feathered) friends are cared for if life takes an unexpected turn.
While recent celebrity headlines reported that Diane Keaton left her beloved dog, Reggie, $5 million for his ongoing care, Leigh explained that, under Australian law, animals are legally considered property. That means they can’t inherit money or assets. 
However, there are practical and compassionate ways to plan for their future care.
Estate planning isn’t only about what happens after death. Leigh also highlighted the need to plan for incapacity – for example, if illness or dementia means you can no longer care for your pets yourself. 
Including pet-care instructions in your Enduring Power of Attorney allows your appointed attorney to use your funds to ensure your pets’ welfare while you’re alive. 
Leigh’s advice is simple: you don’t need a fortune to protect your pets – just a clear plan. With the right documents in place, you can be confident your loyal companions will always be loved and looked after, no matter what life brings.


Law Talks - Leigh Steyn - Planning For Your Pets In Your Estate Plan

In this week’s Brisbane Legal Lowdown on 4BC, we explored a topic that’s resonating with many Australians: finding love later in life. With The Golden Bachelor currently on our screens on Channel Nine, we’re seeing a very different kind of romance story unfold.

This season’s Bachelor, Barry “Bear” Myrden, is a 61-year-old widower looking for companionship and a second chance at love — something many people in their 50s, 60s and beyond can relate to.

Joining the conversation with Carla Bignasca was Attwood Marshall Lawyers’ Family Law Special Counsel, Hayley Condon, who explained that while love later in life can be fulfilling, it can also be legally complex.

Hayley discussed how most people at this stage have established lives — careers, homes, assets, superannuation, and often adult children from previous relationships. When a new partner enters the picture, personal and financial worlds merge. It’s not just about romance anymore — it’s about responsibility and risk.

One of the biggest misconceptions Hayley highlighted is the belief that “if you’re not married, there are no legal commitments.” In reality, de facto relationships carry many of the same financial and legal implications as marriage. Someone may think they are “just dating,” while the law may see things very differently if they are living together or sharing finances. This can lead to property settlements or unexpected claims if the relationship ends.

So how do you protect yourself while still embracing love?

Hayley encouraged listeners to communicate openly about money, living arrangements, and expectations. For many couples, a Binding Financial Agreement can provide peace of mind. She also stressed that estate planning becomes crucial when entering a new relationship later in life. A new partner may unintentionally be left out or included in ways you didn’t intend, particularly where houses are owned jointly, or old Wills are still in place. Updating your Will, Enduring Power of Attorney, and superannuation nominations is essential to avoid disputes and ensure your wishes are honoured.

Hayley also noted that entering a new de facto relationship can impact Centrelink entitlements and aged care planning, something many people don’t realise until it becomes a problem.

The takeaway? Finding love in your later years can be a beautiful and fulfilling chapter — but it’s essential to plan carefully, have the right conversations early, and get legal advice so your financial position, family relationships, and future wishes remain protected.

5th November - Hayley Condon - The Golden Bachelor

When fashion icon Giorgio Armani passed away at 91, his Will made headlines around the world – not just because of the extraordinary size of his estate, but because of how thoughtfully and strategically he planned for the future of his life’s work.
In this episode of Law Talks on 4CRB, Robyn Hyland is joined by Attwood Marshall Lawyers’ Estate Planning Lawyer, Leigh Steyn, to unpack what everyday Australians can learn from Armani’s approach to succession planning.
While most of us won’t be passing on a global fashion empire, we do all leave behind a legacy – whether that’s a family home, a small business, treasured belongings, or simply the values we want our loved ones to remember us by.
So, what made Armani’s Will stand out?
Leigh explains that Armani didn’t leave things vague or open to interpretation. He set out clear, step-by-step instructions for how his company should be managed after his death, including:
•	A defined timeline for selling shares in the business,
•	Who his heirs should prioritise selling to, and
•	A backup plan if the preferred buyers weren’t interested.
This level of detail isn’t about controlling things from beyond the grave – it’s about reducing stress, preventing disputes, and making life easier for the people you leave behind. As Leigh points out, vague instructions in Wills are one of the most common reasons estates end up in court.
The conversation also touches on:
•	Why choosing the right executor matters (hint: it’s not always the eldest child or your spouse),
•	The importance of having a Plan B in your Will,
•	How to include personal wishes, such as funeral plans or letters for loved ones, and
•	Why updating your documents every three years is a smart safeguard.
Ultimately, estate planning isn’t just about money – it’s about clarity, kindness, and ensuring your legacy reflects what matters most to you.


Law Talks - Leigh Steyn - Armani's Succession Plan

Compensation Law Senior Associate, Henry Garrett, told 4BC Afternoons that Queensland’s laws have not kept pace with the rapid rise of e-bikes and e-scooters, leaving major gaps in safety and accountability. He called for clearer regulation, restricted registration and compulsory insurance to protect riders and victims alike, stressing that urgent reform is needed to prevent further tragedies.

Henry Garrett talks to Carla Bignasca about regulating e-bikes

When someone passes away, it’s often a close family member or trusted friend who steps up to take on the role of executor. But what many people don’t realise is that this role isn’t just about distributing assets — it comes with serious legal responsibilities, and in some cases, personal risk.
In this episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall joins the conversation to explain when executors can find themselves personally liable for mistakes made during estate administration.
Duncan discusses the common pitfalls people face when managing an estate, from selling assets too soon or under value, to distributing funds before debts or taxes are finalised. He also explains how easily things can go wrong when executors try to handle the process themselves without proper legal guidance.
Using real-world examples, Duncan shares how disputes between family members, unclear Wills, and pressure from beneficiaries can quickly escalate — sometimes resulting in costly legal battles or personal financial loss for the executor.
The discussion also covers practical advice for both current executors and those drafting their Wills and deciding who to appoint to this role, including:
•	The core legal duties of an executor and how to meet them.
•	How to avoid personal liability when conflicts arise.
•	When and how an executor can renounce their role if the responsibility feels overwhelming.
•	What to look for when appointing a suitable executor in your Will.
If you’ve been appointed as an executor, or you’re planning your estate and want to ensure your affairs are handled smoothly, this episode offers valuable insights to help you protect yourself and your loved ones from unnecessary stress and financial risk.


12th Nov 2025 - Duncan MacDougall - Brisbane's Legal Lowdown

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30th July - Duncan MacDougall

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