In 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Estate Litigation Senior Associate Martin Mallon sits down with Robyn Hyland to discuss a recent Supreme Court of Queensland case, Wool v Marino [2024] QSC 89, involving a dispute over an informal Will.   The case revolves around the late Erika Kaegi-Fluri, who was survived by her only child.   Although Erika had engaged a lawyer in 2020 to draft a formal Will excluding her daughter – due to a disagreement between them – after her death, a handwritten note was found indicating Erika’s intention to leave her estate to her daughter after all.   The daughter applied to the court, seeking an order to recognize the handwritten note as Erika’s true last valid Will.   However, the executor named in the 2020 formal Will opposed the application, arguing that the note merely expressed Erika’s possible intentions rather than a revocation of her previous Will and execution of a new Will.   Additionally, questions were raised regarding Erika’s testamentary capacity at the time the note was written, further complicating the case.   In this episode, Martin and Robyn delve into the legal issues surrounding informal Wills and how the courts assess such documents. They also examine the court’s reasoning in this case, which included the judge’s analysis of the handwritten note’s language and intent. Ultimately, the court was not convinced that Erika intended the note to serve as her last Will and testament. 

Law Talks - Martin Mallon - Issues Surrounding Informal Wills

On this episode of 4CRB’s 'Law Talks', Attwood Marshall Lawyers Estate Litigation Senior Associate Martin Mallon sits down with Robyn Hyland to discuss family provision applications and the consequences of missing the deadline to contest a Will. 

In this episode, Robyn and Martin explain what a family provision application entails, who can make a claim on an estate, and the strict time limits that apply. They also cover what happens if a claim is made after the deadline and how a claimant must seek leave from the court to proceed with their application.

In Queensland, the court typically considers four key factors when deciding whether to grant leave for a late application, including:

-	the adequacy of the explanation for the delay;
-	any potential prejudice to beneficiaries if the deadline is extended;
-	whether there has been any unconscionable conduct by the plaintiff;
-	the overall strength of the plaintiff's case. 

If the court finds there is no real prospects of success, it will not grant leave, and the application will be dismissed. 

One of the biggest risks of filing an application out-of-time is the potential for an adverse cost order. This means that instead of receiving addition provision from the estate, you could end up with a court order requiring you to pay legal costs, which can amount to tens of thousands of dollars. 


Law Talks - Martin Mallon - Family Provision Claims

Aged care planning may not necessarily trigger a thought to seek legal advice, but arrangements involving transitioning to care are contractual and are best dealt with by a lawyer who is experienced in this complex area of law, writes Attwood Marshall Lawyers’ Wills and Estates, Senior Associate and Accredited Aged Care Professional, Larisa Kapur. From understanding the hidden terms in an aged care contract, to the impact it has on your estate plan and Centrelink entitlements, there’s a lot to consider.

Law Talks - Larisa Kapur - Aged Care - Oct 2024

In this episode of 'Law Talks', Attwood Marshall Lawyers Wills and Estates Senior Associate and Accredited Aged Care Professional Larisa Kapur sits down with Robyn Hyland to discuss ‘Do Not Resuscitate’ Orders (DNR) and how to go about documenting your healthcare wishes and preferences to ensure they are upheld. 

Healthcare decisions are some of the most important choices we make, and one of the most personal and controversial is whether to implement a DNR order. This decision can have a profound impact on the medical care you receive, or choose not to receive, in critical moments. It can also become a contentious issue among family members who may not fully understand or know your wishes.  

With various ways to document healthcare preferences, it's easy to become confused about which document is appropriate and whether it will be honoured in a healthcare setting.

In this episode, Larisa and Robyn explore:
-	How individuals can document their wishes and ensure those wishes are respected if they choose not to receive life-sustaining treatment in a medical emergency.
-	The different types of documents available to express healthcare preferences, and which one takes precedence.
-	Real-life cases where hospitals have failed to follow a DNR, and the consequences that followed. 

Understanding how these documents work in practice, including potential conflicts, is essential. This discussion also emphasizes the importance of clear communication between patients, family members, and healthcare providers.

It’s equally important to recognize the variations in state laws and to seek advice from an experienced estate planning lawyer. By incorporating an Advance Healthcare Directive into your estate plan, you can ensure that your healthcare wishes are clearly documented well before any critical decisions need to be made. 


Law Talks - Larisa Kapur - DNR

On this episode of Law Talks, Attwood Marshall Lawyers Estate Litigation Special Counsel April Kennedy sits down with 4CRB's Robyn Hyland to discuss a high-profile case that has been making waves recently involving Sydney Businessman Andrew Findlay and a family dispute over his estate.

Andrew Findlay was a successful businessman who tragically passed away in a boating accident in 2023. His estate was worth approximately $14 million.

The central issue in this case involved a dispute over two Wills. The first Will was a formal Will made in 2015 which named Findlay’s former partner Liz Kemp as the sole beneficiary and executor of his estate. The second Will in dispute was an informal document made in 2019 which expressed Findlay’s wishes to leave his estate to his three children.

This case highlights some valuable lessons about the importance of proper estate planning.

In this episode, Robyn and April discuss:
- Why it is rare for informal Wills to be accepted by a Court;
- The risks people should be aware of if they rely on an informal Will;
- How people can avoid disputes over their Will; and
- The important role of executors and trustees.

Law Talks - April Kennedy - Andrew Findlay Judgement Informal Wills

In 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Estate Litigation Special Counsel April Kennedy sits down with Robyn Hyland to discuss estate disputes, specifically exploring who has priority to inherit from an estate after the death of a loved one, particularly in the context of blended families. 

The discussion is anchored around a recent news story titled “My father married a 'Merry Widow' who boasted at their wedding she'd already buried two husbands. Five days later Dad was dead - and she inherited everything”. 

The story highlights the rights of a spouse in inheritance claims and why they are often prioritized over other family members when disputes arise.

In this episode, April recounts the compelling case where an 83-year-old man remarried late in life, only to pass away five days after the wedding. His new wife, who was a stranger to his children, inherited his entire estate, leaving his children with nothing. The story raises questions about predatory marriages and the implications for inheritance.

April and Robyn explore:
-	what will a court look at when determining who should receive what if a surviving spouse and adult children get into dispute over a Will and estate;
-	the legal nuances that can influence these outcomes, such as the effect of marriage on existing Wills and how the rules of intestacy apply when there is no valid Will; 
-	valuable insights for families navigating the complexities of inheritance in blended family scenarios.


Law Talks - April Kennedy - Estate Disputes

In 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Estate Litigation Special Counsel April Kennedy sits down with Robyn Hyland to discuss a recent case that highlights the complex disputes that can arise over superannuation benefits after someone passes away.

Law Talks - April Kennedy - Superannuation Disputes

Attwood Marshall Lawyers Wills and Estates Partner and Accredited Aged Care Professional Debbie Sage recently joined Robyn Hyland for ‘Law Talks’ on 4CRB to discuss the concept of ‘supported decision-making’. In this episode, Debbie explains the pivotal changes to legislative frameworks to give people with disabilities, or decision-making disabilities, the autonomy to participate in decisions about their lives with proper support. This can affect people from all walks of life and at any age – it can also happen to healthy people in a heartbeat.

Law Talks - Debbie Sage - Supported Decision Making

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Law Talks - April Kennedy - Andrew Findlay Judgement Informal Wills

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