Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall joined guest host Dean Miller to set the record straight on one of the most misunderstood areas of Succession Law — contesting Wills.

Duncan and Dean discussed common myths that often mislead families, including the belief that:

Leaving someone a token gift (like $1) in your Will will stop them from contesting it — it won’t.

DIY or handwritten Wills are just as effective as those prepared by a lawyer — they’re often contested due to improper execution or lack of legal advice.

A “no contest” clause can prevent disputes — it won’t hold up if the person is eligible to make a claim.

They also explored how financial need, family relationships, and estate size will influence whether a claim will succeed, especially as modern families become more complex with stepchildren, estrangement, and informal promises about inheritances.

Duncan explained the role of executors, why conflicts of interest can arise when executors are also beneficiaries, and how mediation is often used to resolve disputes before they reach court.

He also gave insight into why Wills prepared by the Public Trustee may lead to complications down the track.

The key takeaway? Open communication, proper legal advice, and regular Will reviews are crucial to minimise disputes and ensure your wishes are carried out.

4th June - Duncan MacDougall

In this episode of Law Talks on 4CRB, Senior Associate and Accredited Aged Care Professional Larisa Kapur from Attwood Marshall Lawyers joins host Robyn Hyland to unpack one of the most important yet misunderstood legal documents — the Enduring Power of Attorney (EPOA).
While many Australians turn to DIY kits or online forms to set up their EPOA, Larisa explains why taking shortcuts with such a powerful legal tool can lead to serious consequences. From family disputes to financial abuse, the risks of using a generic form without proper legal guidance are far greater than most people realise.
Larisa shares real-life examples of where things go wrong, such as appointing the wrong person, forgetting to include key clauses, or failing to consider what happens if an attorney becomes unable to act. 
She also explains how a tailored EPOA can protect against elder abuse, safeguard your autonomy, and avoid costly tribunal applications if you lose capacity.
This discussion covers:
•	The most common mistakes people make when creating an Enduring Power of Attorney
•	How family dynamics and personal circumstances should shape the document
•	The dangers of giving unrestricted authority to an attorney
•	Why age and health shouldn't delay putting an Enduring Power of Attorney in place
•	The benefits of appointing multiple attorneys, or a professional attorney, for added protection


Law Talks - Larisa Kapur - DIY EPOAs

This week the Torres Strait Islander community lost their climate case against the Australian Government after the Federal Court ruled that the Commonwealth does not have, nor owe a duty of care to protect them from the effects of climate change.

Attwood Marshall Lawyers' Legal Practice Director, Jeff Garrett was asked to comment on the much anticipated judgement to presenter, Tim Webster on Radio 2SM Sydney's breakfast show.

Traditional owners had argued their homes are being threatened by rising tides, leading to the erosion of sacred sites, their cultural heritage and that their very future is at risk. The court found decisions around climate targets are a matter of government policy, rather than legal duty.

Jeff explained the only way to change that is for the government to enact legislation. He added courts often draw a line between acknowledging harm and recognising legal liability.

The Torres Strait Islander community could still take their case to the high court.

Legal Practice Director, Jeff Garrett talks to Radio 2SM Sydney's Tim Webster

Brisbane’s Legal Lowdown: Removing an executor who is delaying the administration of an estate
In this week’s episode of Brisbane’s Legal Lowdown on 4BC, Estate Litigation Senior Associate Duncan MacDougall joins Sofie Formica to unpack a common issue that many families face after a loved one passes away: what happens when the executor of an estate isn’t fulfilling their duties or is dragging out the administration process?
From refusing to communicate with the beneficiaries to serious mismanagement of estate assets, Duncan discusses the common disputes that tend to arise between executors and beneficiaries. 
He outlines the responsibilities executors take on when acting in the role, and why it’s crucial to choose the right person, or persons, to be your executor when drafting your Will, especially when family dynamics are complex.
More often than not, disputes arise when siblings are all appointed to act jointly as executors, but they struggle to make decisions together or get along.
The episode also explores how executors can be held accountable, when and how they can be removed, and the importance of seeking legal advice early to protect the estate and prevent costly disputes.


23rd July - Duncan MacDougall

When a loved one moves into aged care, the financial implications can be overwhelming, particularly when it comes to how the family home is assessed under Centrelink's means test. 
In this episode of Law Talks on 4CRB, Attwood Marshall Lawyers’ Accredited Aged Care Professional and Senior Associate Larisa Kapur joins host Robyn Hyland to discuss the little-known but critical “protected person rule”.
Larisa explains how this rule can exempt the family home from asset testing, potentially saving thousands in aged care fees.
The exemption may apply if a qualifying person remains living in the home, such as a spouse, long-term carer, or close relative, and provided that they meet Centrelink’s strict eligibility criteria.
She shares real-life examples and clears up common misconceptions, such as the belief that a child or carer automatically qualifies for the protected person rule, or that the exemption is permanent regardless of whether the person moves out or loses their own Centrelink benefits.
Larisa outlines practical steps families can take to plan ahead when someone is transitioning to aged care, including:
•	Checking protected person eligibility early
•	Avoiding hasty decisions like transferring ownership of the home
•	Making sure legal documents like Enduring Powers of Attorney are up to date
•	Seeking advice from Accredited Aged Care Professionals who understand the complex legal and financial decisions that need to be made.
With aged care reforms on the horizon, Larisa reassures listeners that the protected person rule will remain in place for now; however, she stresses the importance of understanding how it works and its potential impact on aged care costs and pension entitlements.

Law Talks - Larisa Kapur - The Protected Person Rule

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

Superannuation is often one of the most significant assets a person holds, yet it’s commonly misunderstood when it comes to estate planning.

In this episode of Law Talks on 4CRB, host Robyn Hyland speaks with Attwood Marshall Lawyers’ Wills and Estates Senior Associate Xara Coassin to break down the complexities around what happens to your super when you die.

Xara explains that, unlike other assets, superannuation does not automatically form part of your estate and is not distributed under your Will. Instead, super is held in a separate trust, and special steps must be taken to ensure your super goes to the person you wish. A key tool used in estate planning to manage superannuation death benefits is a binding death benefit nomination.

In this episode, listeners will learn who can be nominated to receive someone’s superannuation, what happens if no nomination is in place, and how easy it is to make costly mistakes, especially with self-managed super funds or lapsed nominations.

Xara also addresses whether a superannuation nomination can be contested and the importance of regularly reviewing your estate plan, especially after significant life events occur, such as entering a new relationship or growing your family.

This episode is essential listening for anyone wanting to ensure their superannuation ends up in the right hands and doesn’t become the subject of a dispute after they’re gone.

Law Talks - Xara Coassin - Superannuation and your estate planning

When someone feels they’ve been unfairly left out of a Will – or an executor faces the prospect of a challenge – many people imagine a drawn-out, costly courtroom battle. But as Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, explains in this episode of Brisbane’s Legal Lowdown on Afternoons with Sofie Formica, the reality is very different.
In Queensland, most estate disputes are resolved long before anyone sets foot in a courtroom. In fact, around 95% of Family Provision Applications – where an eligible person seeks further provision from an estate – settle at or before mediation. 
Early resolution not only keeps costs down but can also preserve relationships during what is often an emotionally charged time.
Duncan explains who can make a family provision claim in Queensland, the time limits that apply, and what happens once a dispute is underway. He also discusses the role of mediation in these types of disputes, why thorough preparation is key for both claimants and executors, and how legal costs are factored into settlements.
The conversation also explores:
•	Why good estate planning can reduce (but not completely remove) the risk of disputes.
•	How claims can still be made against estates left entirely to charity.
•	Why it’s important to act quickly if you believe you have a claim.
Whether you’re wondering if you’re eligible to contest a Will, have been appointed as an executor, or are simply planning for the future, this episode offers practical insight into how these disputes are typically resolved, and why they rarely end up in a courtroom showdown.

Brisbane's Legal Lowdown - 6th August - Duncan MacDougall

When it comes to estate planning, most people assume it’s as simple as writing a Will, but there’s a lot more to it.

In this episode of Law Talks on 4CRB, Wills and Estates Senior Associate Xara Coassin joins Robyn Hyland to walk listeners through the key things people often don’t realise they need to consider before completing an estate plan.

From understanding how your assets are owned, such as jointly held property, superannuation, and trust assets, to appointing the right people as executors, guardians, or attorneys, Xara outlines the practical decisions that make up a complete and effective estate plan.

She also shares what to bring to your first appointment with an estate planning lawyer, how different life events can impact your plan, and why DIY Wills and online Wills often lead to costly mistakes for loved left behind after you pass away.

Whether you're doing your estate plan for the first time or reviewing your Will after a significant life change, this episode offers valuable insights to help you prepare properly and avoid common pitfalls.

Law Talks - Xara Coassin - What To Consider Before Making A Will

In a special episode of Brisbane’s Legal Lowdown on 4BC Brisbane, Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall, joined Sofie Formica live from the iconic Ekka in Brisbane to unpack a legal term many have heard but few fully understand – probate.
Broadcast amongst the buzz of the showgrounds, Duncan explained that probate is essentially a “golden ticket” for executors – a court’s official confirmation that a Will is valid, and that the person named is authorised to manage the deceased’s estate. Without it, banks, share registries, nursing homes, and the Titles Office often won’t release funds or transfer assets.
While not every estate requires probate, Duncan outlined when it becomes necessary, including:
•	When estate assets exceed certain thresholds.
•	To access certain financial accounts, accommodation bonds, or real property.
•	When there’s any dispute about the validity of a Will.
He also warned of the risks of skipping probate, which can leave executors personally liable if claims on the estate arise at a later date. 
The conversation touched on estate planning best practices – including why families should openly discuss Wills and executor appointments while everyone is still alive. Sofie noted how these weekly segments often spark important family conversations, even on topics people typically avoid.


13th August 2025 - Duncan MacDougall

In this episode of Law Talks on 4CRB, Attwood Marshall Lawyers’ Wills & Estates Partner Angela Harry joins Robyn to unpack a question many families face after losing a loved one: why does it sometimes take months – or even years – to finalise an estate?
Angela explains the key steps in administering an estate – from locating the Will, applying for probate or letters of administration, identifying and collecting assets, paying debts and taxes, through to distributing inheritances. 
She outlines the most common causes of delay, including:
•	Disputes between executors and beneficiaries
•	Challenges to the validity of the Will
•	Difficulty locating or identifying assets (especially those overseas)
•	Delays in dealing with financial institutions, government agencies, or the court process
•	Unresolved debts and unpaid taxes
Angela also shares practical tips to help speed up the process, such as having an up-to-date Will, appointing an organised and capable executor, keeping a clear record of assets and liabilities, and seeking early legal advice.
Whether you’re an executor tasked with managing an estate or planning for your affairs, this discussion offers valuable insights to help navigate what can often be a complex and emotional process.


Law Talks - Angela Harry - Why It can Take So Long To Finalise An Estate

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4th June - Duncan MacDougall

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