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 explore a topic that is sadly becoming more common in our ageing population: what happens when someone signs a Will but may not have had the mental capacity to do so?

As Australians live longer, cognitive issues like dementia are on the rise, often complicating end-of-life planning. Duncan unpacks the concept of testamentary capacity, the legal test to determine whether someone was of sound mind when they made or changed their Will.

The episode delves into:

What mental capacity means in legal terms when creating a Will or Enduring Power of Attorney

What evidence courts look for when a Will is challenged

Why early legal advice and medical assessments can protect families and prevent disputes

How DIY Wills and informal documents increase the risk of challenges, particularly when elder abuse or undue influence is involved

Real-life examples of Wills overturned due to lack of capacity

Duncan emphasises that it’s not just about having a diagnosis of dementia, capacity can fluctuate, making timing and documentation critical. He urges families to get a baseline assessment and prepare estate planning documents early, reviewing them regularly as circumstances change.

Whether you’re supporting an elderly loved one or managing your own affairs, this episode highlights the importance of taking proactive legal steps to safeguard your wishes and avoid family conflict down the track.

30th July - Duncan MacDougall

Superannuation is often one of the most significant assets a person holds, yet it’s commonly misunderstood when it comes to estate planning.

In this episode of Law Talks on 4CRB, host Robyn Hyland speaks with Attwood Marshall Lawyers’ Wills and Estates Senior Associate Xara Coassin to break down the complexities around what happens to your super when you die.

Xara explains that, unlike other assets, superannuation does not automatically form part of your estate and is not distributed under your Will. Instead, super is held in a separate trust, and special steps must be taken to ensure your super goes to the person you wish. A key tool used in estate planning to manage superannuation death benefits is a binding death benefit nomination.

In this episode, listeners will learn who can be nominated to receive someone’s superannuation, what happens if no nomination is in place, and how easy it is to make costly mistakes, especially with self-managed super funds or lapsed nominations.

Xara also addresses whether a superannuation nomination can be contested and the importance of regularly reviewing your estate plan, especially after significant life events occur, such as entering a new relationship or growing your family.

This episode is essential listening for anyone wanting to ensure their superannuation ends up in the right hands and doesn’t become the subject of a dispute after they’re gone.

Law Talks - Xara Coassin - Superannuation and your estate planning

When someone feels they’ve been unfairly left out of a Will – or an executor faces the prospect of a challenge – many people imagine a drawn-out, costly courtroom battle. But as Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, explains in this episode of Brisbane’s Legal Lowdown on Afternoons with Sofie Formica, the reality is very different.
In Queensland, most estate disputes are resolved long before anyone sets foot in a courtroom. In fact, around 95% of Family Provision Applications – where an eligible person seeks further provision from an estate – settle at or before mediation. 
Early resolution not only keeps costs down but can also preserve relationships during what is often an emotionally charged time.
Duncan explains who can make a family provision claim in Queensland, the time limits that apply, and what happens once a dispute is underway. He also discusses the role of mediation in these types of disputes, why thorough preparation is key for both claimants and executors, and how legal costs are factored into settlements.
The conversation also explores:
•	Why good estate planning can reduce (but not completely remove) the risk of disputes.
•	How claims can still be made against estates left entirely to charity.
•	Why it’s important to act quickly if you believe you have a claim.
Whether you’re wondering if you’re eligible to contest a Will, have been appointed as an executor, or are simply planning for the future, this episode offers practical insight into how these disputes are typically resolved, and why they rarely end up in a courtroom showdown.

Brisbane's Legal Lowdown - 6th August - Duncan MacDougall

When it comes to estate planning, most people assume it’s as simple as writing a Will, but there’s a lot more to it.

In this episode of Law Talks on 4CRB, Wills and Estates Senior Associate Xara Coassin joins Robyn Hyland to walk listeners through the key things people often don’t realise they need to consider before completing an estate plan.

From understanding how your assets are owned, such as jointly held property, superannuation, and trust assets, to appointing the right people as executors, guardians, or attorneys, Xara outlines the practical decisions that make up a complete and effective estate plan.

She also shares what to bring to your first appointment with an estate planning lawyer, how different life events can impact your plan, and why DIY Wills and online Wills often lead to costly mistakes for loved left behind after you pass away.

Whether you're doing your estate plan for the first time or reviewing your Will after a significant life change, this episode offers valuable insights to help you prepare properly and avoid common pitfalls.

Law Talks - Xara Coassin - What To Consider Before Making A Will

In a special episode of Brisbane’s Legal Lowdown on 4BC Brisbane, Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall, joined Sofie Formica live from the iconic Ekka in Brisbane to unpack a legal term many have heard but few fully understand – probate.
Broadcast amongst the buzz of the showgrounds, Duncan explained that probate is essentially a “golden ticket” for executors – a court’s official confirmation that a Will is valid, and that the person named is authorised to manage the deceased’s estate. Without it, banks, share registries, nursing homes, and the Titles Office often won’t release funds or transfer assets.
While not every estate requires probate, Duncan outlined when it becomes necessary, including:
•	When estate assets exceed certain thresholds.
•	To access certain financial accounts, accommodation bonds, or real property.
•	When there’s any dispute about the validity of a Will.
He also warned of the risks of skipping probate, which can leave executors personally liable if claims on the estate arise at a later date. 
The conversation touched on estate planning best practices – including why families should openly discuss Wills and executor appointments while everyone is still alive. Sofie noted how these weekly segments often spark important family conversations, even on topics people typically avoid.


13th August 2025 - Duncan MacDougall

In this episode of Law Talks on 4CRB, Attwood Marshall Lawyers’ Wills & Estates Partner Angela Harry joins Robyn to unpack a question many families face after losing a loved one: why does it sometimes take months – or even years – to finalise an estate?
Angela explains the key steps in administering an estate – from locating the Will, applying for probate or letters of administration, identifying and collecting assets, paying debts and taxes, through to distributing inheritances. 
She outlines the most common causes of delay, including:
•	Disputes between executors and beneficiaries
•	Challenges to the validity of the Will
•	Difficulty locating or identifying assets (especially those overseas)
•	Delays in dealing with financial institutions, government agencies, or the court process
•	Unresolved debts and unpaid taxes
Angela also shares practical tips to help speed up the process, such as having an up-to-date Will, appointing an organised and capable executor, keeping a clear record of assets and liabilities, and seeking early legal advice.
Whether you’re an executor tasked with managing an estate or planning for your affairs, this discussion offers valuable insights to help navigate what can often be a complex and emotional process.


Law Talks - Angela Harry - Why It can Take So Long To Finalise An Estate

Imagine this: you want to make sure your partner can keep living in the family home after you pass away, but you also want the property to go to your children eventually. How do you balance both wishes fairly?

In this episode of Brisbane's Legal Lowdown, on 4BC, Attwood Marshall Lawyers' Estate Litigation Senior Associate Duncan MacDougall joins Sofia Formica to discuss two vital estate planning tools – the life interest and the right to reside.

These arrangements can provide security for a surviving partner, child, or parent, while ensuring the property ultimately passes to the chosen beneficiaries.

Duncan explains:

The key difference between a life interest and a right to reside is that one offers lifetime occupation, while the other usually comes with specific conditions.
When these tools are useful, particularly in blended families, later-in-life relationships, or when caring for a dependent.
The conditions that apply – from what happens if the person moves into aged care or enters a new relationship, to who pays for maintenance, insurance, or rates.
Why careful Will-drafting matters – poorly worded or absent clauses can lead to disputes, with family members fighting over rights and expectations.
The importance of revisiting your Will as your circumstances and relationships evolve.


Duncan shares real-world examples of how these provisions play out and highlights why open conversations with loved ones and getting professional legal advice are vital. Without clear directions, executors and beneficiaries can end up in costly and stressful disputes.

20th August - Duncan MacDougall

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

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