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

Family dynamics aren’t always straightforward, and sadly, many people experience fractured or estranged relationships with loved ones. When it comes time to make a Will, these strained ties often raise one of the most difficult and controversial questions in estate planning: can you legally leave someone out of your Will?
In this week’s episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, joins host Sofie Formica to discuss the legal realities of disinheriting an estranged family member – often referred to as the black sheep of the family.
Duncan explains:
•	Whether a parent can exclude an adult child (or another family member) from inheriting from their estate.
•	How Queensland courts deal with Family Provision Claims brought by estranged children.
•	Whether a history of poor behaviour, abuse, or violence can affect a person’s right to contest a Will.
•	The practical steps someone can take to minimise the risk of a challenge if they genuinely wish to disinherit a family member.
•	Why seeking legal advice is essential for anyone worried about their estate being contested.
While it is possible to disinherit someone, the courts ultimately have the power to step in and determine whether proper provision has been made for certain family members.
Whether you’re an executor acting on behalf of an estate, a parent considering your estate plan, or someone concerned about being excluded from receiving an inheritance, this discussion offers valuable insight into how the law addresses these complex and emotionally charged situations.


24th Sep 2025 - Duncan MacDougall - Estrangement and family provision claims

Being involved in a car accident is a stressful and overwhelming event — whether it’s a minor bump in the car park or a serious collision. 
In this episode of Law Talks on 4CRB (89.3FM), Attwood Marshall Lawyers’ Legal Practice Director Jeff Garrett joins Robyn Hyland to break down the practical steps you should take at the scene of an accident, how insurance companies decide who’s at fault, and what every driver needs to know about different types of insurance cover.
In this episode, Jeff explains:
•	What to do immediately after an accident – from ensuring everyone’s safety to exchanging details, and when it’s necessary to call the police.
•	How fault is determined – why traffic rules are key and what role insurers (and sometimes police) play in deciding who was responsible for the accident.
•	Insurance explained – the differences between comprehensive cover, third-party property damage, and public liability.
•	The risks of “free hire cars” – and why drivers need to be cautious of claims farmers.
Jeff’s key takeaway? Never admit liability at the scene, always gather the other driver’s details and evidence of the accident and seek proper legal advice before making any decisions. The right advice can protect you from unexpected costs, disputes with insurers, or missing critical deadlines for making a claim.


Law Talks - Car Accidents and Insurance Claims - Jeff Garrett

When someone passes away, finding their Will should bring clarity about their wishes. But what happens if the original Will can’t be found, has been destroyed, or there are multiple versions that say different things?
In this week’s episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, joins Sofie Formica to unpack how the law deals with these tricky scenarios.
Duncan explains:
•	What happens if a Will goes missing or several conflicting versions are discovered.
•	Whether a copy of a Will is enough to apply for probate if the original cannot be found.
•	What the courts consider if there are allegations that a Will was destroyed or tampered with.
•	How judges decide which version is valid when multiple Wills exist.
•	Practical steps people can take now to protect their final wishes and avoid disputes later.
Losing a loved one is hard enough without adding uncertainty about their estate. This discussion sheds light on why it’s so important to keep Wills safe and up to date — and what families should do if things go wrong.


1st Oct 2025 - Duncan MacDougall - Lost and damaged Wills

When it comes to planning your estate, many people are tempted by offers of “free Wills” or low-cost solutions like the DIY kits you can purchase from Australia Post. They sound convenient and budget-friendly, but as our Legal Practice Director Jeff Garrett explains in this week’s Law Talks episode, these shortcuts can end up costing families dearly.
Jeff joins Robyn Hyland on 4CRB to unpack the pitfalls of so-called free Wills – from online templates to Wills prepared by the Public Trustee. While they may appear valid, they’re often too simplistic, overlook complex family situations, and are usually not prepared by an experienced estate planning lawyer. That means critical details get missed, documents are signed incorrectly, or vague wording leaves families battling in court. The outcome? Estates tied up in costly disputes that can drain hundreds of thousands of dollars.
As Jeff points out, there really is no such thing as a “simple Will.” Whether you have a blended family, own property, hold superannuation, or run a business, the legal and financial implications require specialist advice. Even the Public Trustee, which often positions itself as a safe choice, has been criticised for conflicts of interest when appointing itself as executor, which can add to the stress and expense of administering an estate following the death of a loved one.
Jeff also highlights the importance of updating your Will whenever major life events occur, such as marriages, divorces, births, or the passing of someone named in your documents. Out-of-date or poorly drafted Wills can cause just as much trouble as having no Will at all.
The key message is clear: there’s no substitute for having your Will prepared by an experienced estate planning lawyer. It’s a small investment now that can save your loved ones enormous stress and financial burden in the future.

Law Talks - No Such Thing As A Free Will - Jeff Garrett

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