This week on 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Wills and Estates Partner Angela Harry sits down with Robyn Hyland to talk about the role of an executor and potential issues that arise when an executor wishes to purchase property from the estate they are managing.  

Executors must understand the rules of self-dealing estate assets, and their fiduciary duty to act in the best interests of the estate and its beneficiaries. 

The desire of executors to purchase an estate property is becoming more common, often driven by a combination of sentimental value and investment opportunities in a strong property market. However, when an estate, particularly one involving property, is left to children in equal shares, conflicts often arise when one beneficiary seeks to buy the property from the others.

In this episode, Angela explains how potential issues can be mitigated by Will-makers when drafting their Will. If a Will-maker suspects that their chosen executor may wish to purchase the family home from the estate, they can include provisions in the Will to facilitate this.

Law Talks - Angela Harry - Self Dealing As An Executor

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

Jeff Garrett joins 4BC Brisbane to talk about a Brisbane Boys’ College student suing the school for more than $1.5m after being seriously injured in a schoolyard game of red rover.

Jeff Garrett on 4BC Brisbane, Afternoons with Sofie Formica Brisbane Boys College PI claim

Marriage isn’t for everyone, but that doesn’t mean your relationship isn’t recognised in the eyes of the law. In Australia, de facto couples often share many of the same legal rights and responsibilities as married couples, but the rules around proving a relationship exists and dividing property when the relationship ends can be far from straightforward.
In this week’s Brisbane Legal Lowdown on 4BC, Family Law Special Counsel Hayley Condon joins Sofie Formica to explore:
•	How the law views de facto relationships – the criteria courts use to determine whether one exists, and how it differs from marriage.
•	Property division and financial settlements – what happens when a de facto couple separates, and how disputes are handled if they can’t agree on who gets what, or how to split debts.
•	The role of Binding Financial Agreements for de facto couples.
•	What happens in cases where one person denies the relationship existed, and the types of evidence the court may rely on.
•	The role of social media – why posts, photos, and even comments online can become crucial pieces of evidence in family law disputes.
Hayley also shares insights into the emotional and financial toll these matters can take, and why getting the right advice early on can make all the difference.
Whether you’re in a de facto relationship, thinking about moving in with your partner, or navigating a break-up, this episode will help you understand your rights, obligations, and the steps you can take to protect your best interests. 


17th September 2025 - Hayley Condon - De Facto Relationships

For families living on the Queensland-New South Wales border, differences don’t just show up during State of Origin — they can have very real consequences when it comes to Wills and estates.
In this episode of Law Talks on 4CRB, April Kennedy, Special Counsel in Estate Litigation, joins Robyn Hyland to discuss how the rules around contesting a Will differ between the two states. While both Queensland and New South Wales allow family members and dependents to claim an estate if they have not been adequately provided for, the categories of “eligible persons” vary significantly depending on which side of the border you’re on.
Key issues April covers include:
•	Who can contest a Will in Queensland? The list of eligible people is narrow, including spouses, children, and certain dependents.
•	How New South Wales differs – with a broader eligibility that can extend to former spouses, grandchildren, household members, carers, and even close companions.
•	Different time limits – Queensland requires family provision claims to be filed within nine months of death, while New South Wales allows twelve months.
•	Practical examples – why a grandchild or carer might succeed with a claim in New South Wales but not in Queensland.
•	The importance of estate planning when you have assets on either side of the border – why the location of assets and the relationships recognised under state law can dramatically affect who can make a claim.
April’s practical insights highlight the importance of tailored legal advice and how something as simple as where your bank account or property is held can make a big difference.


Law Talks - April Kennedy - State of origin matters when contesting a Will

Jeff explains how despite the findings of The Royal Commission, bank behaviour just hasn't changed.

Jeff Garrett talks to Sydney Radio 2GB about banks behaving badly

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Law Talks - Angela Harry - Self Dealing As An Executor

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