Disputes during the administration of a loved one’s estate are more common than many families realise. Even when a Will is in place, emotions can run high, and disagreements often arise over who should act as executor, whether the family home should be sold, or how sentimental items should be divided.
In this episode of Law Talks on 4CRB, our Wills and Estates Partner Angela Harry joined Robyn Hyland to unpack some of the most frequent challenges families face and how the law helps to resolve them.
Angela explained that the choice of executor lies solely with the person making the Will. While family members may feel overlooked or believe they are better suited to the role, courts will only intervene in limited circumstances if family members have a different view as to who should be acting as the executor. 
Executors can only be removed where there is clear evidence of misconduct, severe delays, or mismanagement, not simply because of family tension.
Beneficiaries can apply to the court to have an executor removed, but the process is complex and costly. Angela emphasised that lawyers often try to resolve concerns before court action is necessary by identifying whether issues can be settled through negotiation or mediation.
One of the biggest flashpoints arises when families disagree over whether to sell the family home or how to divide personal belongings. Angela noted that disputes often centre on items with sentimental rather than monetary value. In these cases, executors must follow the instructions in the Will, but independent legal advice can help calm emotions and facilitate fair solutions.


Law Talks - Angela Harry - Family disagreements following the death of a loved one

Law Talks Episode: Lessons from the Andrew Findlay Estate Dispute
In this episode of Law Talks on 4CRB, Attwood Marshall Lawyers’ Estate Litigation Special Counsel, April Kennedy, joins host Robyn Hyland to revisit one of Australia’s most high-profile estate disputes – the case involving Sydney businessman Andrew Findlay. 
Since April and Robyn first discussed this case late last year, there have been further developments. Andrew’s former partner, Liz Kemp, appealed the Supreme Court’s decision; however, her appeal was dismissed. This decision provides essential insights into why the original ruling stood firm.
Andrew Findlay tragically passed away in 2023 in a boating accident, leaving behind a legal battle that quickly made national headlines. Liz Kemp relied on an older 2015 Will that appointed her as executor and beneficiary, while Andrew’s family argued a later informal electronic Will drafted in 2019 should be considered Andrew’s final Will. That unsigned Word document left his $14 million estate to his three young children and appointed his cousin as executor. 
The Supreme Court admitted the 2019 informal Will to probate, finding there was sufficient evidence of Andrew’s intention, despite the lack of formal signing. Liz challenged that ruling, but her appeal was dismissed, and she was ordered to pay 75 per cent of the estate’s legal costs.  
April explains why this dispute continues to capture public attention:
•	It was a high-profile case: Andrew was a well-known Sydney businessman with significant assets at stake.
•	Estate planning in the digital era: The case highlights the growing risks of relying on online or DIY Wills without legal advice.
•	Family dynamics: The proceedings pitted Andrew’s former partner against his own children, creating a highly emotional and complex situation. 
April emphasises that this case is a powerful reminder of the importance of:
•	Updating your Will after major life changes, such as separation or the sale of assets.
•	Properly signing and witnessing your Will to avoid costly disputes.
•	Choosing your executor carefully, as they will play a vital role in administering your estate.
•	Seeking specialist legal advice rather than relying on generic online templates, which may fail to reflect your personal circumstances.
This extraordinary case shows how devastating and expensive estate disputes can become, both financially and emotionally, when estate planning is not handled with proper care and advice.


Law Talks - April Kennedy - Andrew Findlay Case Follow Up

In this episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Senior Associate and Accredited Aged Care Professional, Larisa Kapur, joins Jason Matthews (filling in for Sofie Formica) on the afternoon show to talk about one of the most challenging stages many families face – the move to aged care.

Too often, people wait until a crisis forces them to act. A sudden hospital stay or a decline in health can mean being told you can’t return home and must move into care. In these moments, families scramble with limited options, long waitlists, and few choices about where their loved one will live or the type of care they’ll receive.

Larisa explains that planning ahead of time changes everything. When you prepare for the future, you stay in control and can decide the type of accommodation you want to live in, the location that suits you, and the quality of care you want to receive.

Rather than making rushed decisions under pressure, you have the time to make informed choices.

Larisa answers some questions sent in by listeners about aged care fees and the upcoming changes to the Aged Care Act.

As the discussion comes to an end, Larisa also highlights the importance of getting legal documents in order before an individual moves into aged care, including their Will and Enduring Power of Attorney. These documents ensure your wishes are respected and your affairs are managed smoothly as you transition into care.  

27th August - Larisa Kapur

Jeff Garrett shares his concerns about the scrapping of the Gold Coast Light Rail Stage 4, highlighting the negative impact on Coolangatta businesses, staff, and clients, particularly with lost connectivity to the airport.

Jeff Garrett talks to ABC Radio about GC light rail stage 4

Queensland’s road toll continues to climb, with more than 200 lives already lost in 2025, following a tragic year in 2024 where over 300 fatalities were recorded. Despite many vehicles now offering greater safety features and our roads continuously being upgraded, thousands of people are seriously injured or killed each year, leaving families and communities devastated.
In this episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Compensation Law Senior Associate, Henry Garrett joins Sofie Formica to talk about why the crisis on our roads shows no signs of slowing down and what can be done to change the trajectory.
In this episode, Henry discusses:
•	Queensland is on track for its deadliest year in more than 15 years, with driver distraction and mobile phone use among the most significant dangers to road safety.
•	Lessons from overseas, including how Helsinki has drastically reduced road deaths by introducing lower speed limits and improving infrastructure.
•	What really happens after a motor vehicle accident, why many people go into shock, struggle to know what steps to take, and how creating a paper trail (photos, rego plate details, police reports) is crucial.  
•	How the Nominal Defendant Scheme assists victims of hit-and-run or uninsured crashes, and what’s expected of claimants to help identify vehicles involved.
•	The rights of families who lose a loved one in a crash, including claims for loss of financial support and domestic services. 
Henry also shares practical takeaways for all road users: slow down, put your phone away, and if you are involved in an accident, document everything and seek advice promptly.
This conversation is a sobering reminder that too many lives are being cut short on Queensland roads, and that everyone has a role to play in making them safer. 


3rd September - Henry Garrett - Brisbane's Legal Lowdown 4BC

In this episode of Law Talks on 4CRB (89.3FM), Estate Litigation Special Counsel, April Kennedy, joins Robyn Hyland to discuss an unusual case that reached the Queensland Supreme Court: whether a handwritten love letter could be accepted as a person’s final Will.
The case involved Stewart Gray, who passed away in 2024. He made a formal Will back in 1989, leaving his estate to his father. But after his death, a letter he wrote in 1991 to a close friend, Sharon Mitchell, came to light. 
In it, Stewart professed his love and expressed a desire for Sharon and her young son to inherit his wealth. The son argued that this “love letter” should be treated as an informal Will, overriding the earlier formal Will. 
April explains that under Queensland’s Succession Act, the courts can recognise informal documents – including letters, text messages, even voice recordings – as a Will, but only in rare circumstances. 
The document must demonstrate a clear intention that it was meant to be the person’s final testament. In Stewart’s case, the court ruled that the letter did not meet this threshold. 
The discussion also highlighted the legal requirements for a valid Will. 
April stressed the biggest mistake people make is either not making a Will at all, or assuming that casual notes or personal messages will be legally binding. This case shows how uncertainty can easily lead to disputes, heartache, and costly litigation.

Law Talks - April Kennedy - Can A Love Letter Be Considered a Final Will

Attwood Marshall Lawyers’ Accredited Aged Care Professional and Paralegal Bindy Marshall joins host Tim Webster on Sydney Radio, 2SM to talk about the federal government’s recent announcement of more home care packages.  Bindy told Tim it's still not enough. She emphasised the rights of our seniors should be paramount, and the government should follow through with their promises.

Bindy Marshall talks to Sydney Radio 2SM about the government's home care packages annoucement

Jeff Garrett expains who won as Rupert Murdoch's family reached a deal that guarantees eldest son Lachlan will retain control of his father's media empire after the elderly patriarch's death.

Jeff Garrett talks to Sydney Radio 2GB about Rupert Murdoch settling court fight with children over his media empire's future

What happens if two people pass away at the same time — like in an accident — and it isn’t clear who died first? While it’s something most families never imagine, these rare situations can raise surprisingly complex legal questions.
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 talk about how the law deals with succession and inheritance when multiple family members are involved in the same tragedy.
The conversation covers:
•	The rules around simultaneous deaths – including the legal presumption that the younger person is deemed to have survived the older if the order of death is unclear.
•	Why order of death matters and how it can completely change who inherits, especially in blended families.
•	Survivorship rules and clauses in Wills including the legislated 30-day rule and how tailored clauses can provide certainty.
•	Challenges with jointly owned property and what happens when assets automatically pass to the presumed survivor, potentially cutting out one side of the family.
•	Intestacy complications and how matters are dealt with if someone hasn’t made a Will at all.
•	Why DIY Will kits often fail to cover these scenarios, and how speaking to an experienced estate planning lawyer can avoid disputes, delays, and unintended outcomes.
This episode highlights that succession planning isn’t just for the wealthy or high-profile families. Even everyday families can face unexpected complications if clear instructions or contingency plans aren’t set out in a Will. Having those conversations early and getting the right legal advice can make all the difference in protecting your loved ones.


10th Sep 2025 - Duncan MacDougall - Brisbane's Legal Lowdown

In this episode of Law Talks on 4CRB, host Robyn Hyland is joined by Bindy Marshall, Aged Care Paralegal and Accredited Aged Care Professional at Attwood Marshall Lawyers, to discuss one of the most pressing issues facing older Australians and their families: access to aged care services, particularly home care packages.
With the rollout of the new Support at Home program delayed until November 2025, many families are experiencing long wait times, uncertainty, and frustration about what support is available. Bindy explains the reasons behind the delays, the challenges providers face in adapting to reforms, and what these changes mean for people trying to access care now.
Key points discussed include:
•	The release of an additional 20,000 home care packages as an interim measure, and a commitment to release 43,000 more in early 2026.
•	The scale of the challenge is such that over 200,000 Australians are currently waiting for home care support, including more than 121,000 awaiting ACAT assessments.
•	Why delays in releasing packages contribute to pressure on hospitals and aged care providers.
•	The impact of phasing out the Commonwealth Home Support Programme by July 2027 as it transitions into Support at Home.
•	The importance of reforms under the new Aged Care Act, which aims to give older Australians more choice, independence, and access through a single assessment system.
Bindy emphasises the need for families to plan early and start the assessment process sooner rather than later.
While the system is undergoing major reform, there are proactive steps families can take now to ensure older Australians receive the care and support they need, when they need it.


Law Talks - Aged Care Home Care Packages - Bindy Marshall

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Bindy Marshall talks to Sydney Radio 2SM about the government's home care packages annoucement

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