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

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