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

On this edition of the Wealth Guardians Radio Show, Garrett Ray and Brice Payne review a 10-point checklist that will help determine whether you're on track for your retirement goals.

The Wealth Guardians Radio show is hosted by Doug Ray and broadcasts live each Saturday morning at 9:30 on Greensboro, NC’s 94.5 WPTI FM and each Sunday morning at 8:30 on Winston-Salem's WTOB 98.0 AM.

August 30, 2025 - 10 Signs You're on the Right Track for Your Retirement

Jeff Kowal opens the show with a reminder about retirement account portability then discusses waning and waxing sibling bonds and how to safeguard them. Chaunsy Weisensel joins to share insights and tips for those who wish to retire early. Then Jeff touches on scam losses and taxes and wraps up the show with thoughts on estate planning priorities for people without children.

The Retirement Clinic-8-9-25 – Retirement Savings and Estate Planning

What really happens when one spouse passes away? In this episode of Safer Retirement Radio, Brian Decker and Arrin Wray break down one of retirement’s most difficult—but essential—topics: preparing financially and legally for the loss of a spouse.

You’ll learn:

- The must-have estate documents (wills, trusts, powers of attorney, and healthcare directives)

- The “pour-over” provision that helps families avoid probate nightmares

- How Social Security, pensions, and taxes change for a surviving spouse

- Why compensation clauses and unclear distribution instructions can tear families apart

- Steps to protect income, minimize taxes, and create a smooth transition

Planning ahead means your spouse and children are cared for—and your legacy is preserved without unnecessary stress or conflict.

👉 Listen now and discover how math-based planning can give you and your loved ones peace of mind. 

Learn more at https://deckerretirementplanning.com/

We are financial advisors, not attorneys. Always speak to a qualified attorney for legal advice. 

Planning for Surviving Spouses: Estate Documents, Income Shifts, and Avoiding Costly Mistakes | Episode 138

O.J. Simpson and his son purchased a Las Vegas home where O.J. lived and made payments, but the home was actually owned by a corporation controlled by his son, meaning O.J.'s creditors could not collect against the home after his death.

Did O.J. Simpson and His Son Conspire to Defraud O.J.'s Creditors?

If you die without a will in Texas, the state decides who inherits your property and it might not be who you think. In this episode, Michael Cohen explains how Texas law handles separate and community property, and why those assumptions can create costly legal issues. Learn how proper planning can help you avoid probate nightmares and protect your loved ones.

Dying Without a Will

Valuation options for rural landowners can involve brokers' price opinions that can address balance sheet and estate planning issues.

9/10/25 - Rural land valuation options can be forward thinking

Are you prepared to safeguard your financial future and tackle the challenges of estate settlement? In this episode of Dollars & Sense, we dive deep into the essentials of risk management—from understanding investment volatility to balancing risk and reward for lasting financial health. Discover practical strategies like diversification, setting clear financial goals, and building emergency funds to protect what matters most. 

But that’s not all! We also unravel the complexities behind estate planning and the often-thankless role of the executor. Learn how to avoid common pitfalls, reduce family conflicts, and streamline the process for a smooth transition of assets. Packed with insights from the acclaimed "Dollars and Sense" and "Next Gen Dollars and Sense" books, this episode equips you with actionable tips to take charge of your finances and confidently navigate life's big transitions. 

Mastering Financial Risks & Estate Executor: Build Confidence for Whatever the Future Brings

On this edition of the Wealth Guardians Radio Show, Garrett Ray and Brice Payne open the mailbag and answer listener submitted questions.

The Wealth Guardians Radio show is hosted by Doug Ray and broadcasts live each Saturday morning at 9:30 on Greensboro, NC’s 94.5 WPTI FM and each Sunday morning at 9:30 on Winston-Salem's WTOB 98.0 AM.

September 13, 2025 - Answering Listener Submitted Questions

Dollars & Sense with Joel Garris of Nelson Financial Planning is Central Florida's longest-running radio program. Joel is a CERTIFIED FINANCIAL PLANNER, a Certified Financial Fiduciary and a former corporate attorney who changes lives through successful planning.

Visit www.NelsonFinancialPlanning.com or call 407-629-6477 to schedule a free one on one conversation.

Offering securities through Nelson Ivest Brokerage Services, Inc, Member FINRA, MSRB & SIPC. Please note that these broadcasts are intended for general informational purposes only as individual situations may vary. The views expressed are those of the speaker and are subject to change at any time. Statements made should not be relied upon as a recommendation or solicitation. When discussed, past performance is no guarantee or indication of future results.

Michael B. Cohen is an elder law attorney whose Dallas law practice focuses on the legal needs of the disabled and elderly, including estate and Medicaid and other public benefits (such as Veterans benefits) planning. He is a frequent speaker on these topics.

Safer Retirement Radio is where you can get the transparency you deserve®. Whether you are currently retired or plan to retire soon, this show is full of retirement tips that can help you get thousands of extra dollars in and out of your retirement.



Certified Financial Planner Board of Standards, Inc. (CFP Board) owns the CFP®️ certification mark, the CERTIFIED FINANCIAL PLANNER™️ certification mark, and the CFP®️ certification mark (with plaque design) logo in the United States, which it authorizes use of by individuals who successfully complete CFP Board’s initial and ongoing certification requirements.

Audio on this website is not authorized for broadcast use without the express written consent of Texas Farm Bureau. You must be a contracted affiliate of the Texas Farm Bureau Radio Network to broadcast our audio.  All content and other intellectual property (“Material”) herein is the property of its respective owners or licensees, which includes Texas Farm Bureau.  Texas Farm Bureau reserves all rights.  Material from this website may not be broadcast or otherwise disseminated without the express written consent of Texas Farm Bureau.

The Wealth Guardians Radio Show focuses on all things retirement planning and is hosted by Doug Ray, Brice Payne, and Garrett Ray. The show airs each Saturday morning at 9:30 on Greensboro, NC’s 94.5 WPTI FM and Winston Salem, NC's 96.7 WTOB FM/1470 AM.

Disclaimer: “Investment Advisory Services offered through Alphastar Capital Management, LLC a SEC registered Investment Advisor. SEC registration does not constitute an endorsement of the firm by the Commission nor does it indicate that the adviser has attained a particular level of skill or ability. Alphastar Capital Management, LLC and Wealth Guardians are independent entities. The firm only transacts business in states where it is properly registered, or is excluded or exempted from registration requirements. Insurance products and services offered through individually licensed and appointed agent in various jurisdictions.”

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We are here to help you. 
Attwood Marshall Lawyers, est 1946.
Phone 1800 621 071 today.
www.attwoodmarshall.com.au

With retirement just around the corner, you need a partner you can trust to help navigate the ins and outs of retirement planning.  Whether you’re looking for a final push heading into your retirement, retirement asset management and consolidation, or assistance in transferring business assets to retirement assets, our team’s focus is on helping you realize your vision.

You can listen to the Kowal Investment Group - now Creative Planning, "Retirement Clinic" podcasts, with retirement and investment planning tips and news right here on Soundcloud. **This is a previously recorded show.**

New tracks tagged #Estate planning