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

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

Although beneficiary designations avoid probate, it is often best to have your assets pass by will or trust since protection is often needed for your beneficiaries ranging from disability to tax planning.

10 Reasons Why Wills and Trusts are Often Better than Beneficiary Designations

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

Jeff Kowal discusses navigating market volatility and downturns in the market, shares insights on tax-loss harvesting, and touches on potential issues executors and beneficiaries face.

The Retirement Clinic-4-12-25 – Navigating Market Volatility

In this episode of Dollars & Sense with Joel Garris, listeners are treated to an insider’s perspective from a prestigious investment conference attended by just 100 select guests and hosted by one of the world’s largest asset managers. Joel kicks off with a deep dive into the hottest topic in finance—Artificial Intelligence (AI). He explores AI’s growing influence on investments, the labor market, and society, highlighting both its potential and the cautionary flags, such as possible overcapacity and the challenges it poses for younger generations. 

Joel then shifts focus to three major investment themes: the importance of national security in shaping investment decisions, the surge of private equity and private credit for everyday investors, and the need for careful portfolio allocation to avoid hidden overconcentration in growth stocks. 

Next, Joel breaks down everything you need to know about Required Minimum Distributions (RMDs)—from recent changes in age requirements to smart strategies for minimizing tax impact, including withholding and charitable giving. Whether you’re nearing retirement or already enjoying it, this segment offers actionable advice to keep your finances on track. 

The episode also features a practical guide to Ladybird Deeds—an estate planning tool that helps homeowners transfer property to loved ones without the hassle of probate. Joel explains how Ladybird Deeds work, their advantages over traditional probate, and step-by-step instructions to implement this powerful tool. 

Rounding out the show, Joel reviews the latest market headlines, including a strong start to earnings season and how AI-driven efficiencies are helping corporate America outperform expectations. 

If you want to learn how AI is reshaping investments, the keys to managing your retirement withdrawals, and estate planning strategies that save time and money, this episode is packed with insights you won’t want to miss. Click to listen and take your financial knowledge to the next level!

AI’s Investment Impact, RMD Strategies, & Ladybird Deeds

In the latest episode of the London Legal Podcast, Chung Wong - Partner of our Dispute Resolution team - talks about her involvement with the new Bloomsbury Law Clinic; a new collaboration with Bloomsbury Institute London and which is a free Contested Probate Law Clinic aimed at serving the local community while providing valuable practical experience for law students.

Bloomsbury Institute Contested Probate Law Clinic

On this episode of the Celebrity Estates podcast, Victoria Gray, founder and principal of Insight Art & Collectibles Advisory, once again joins WealthManagement.com Senior Editor David Lenok to examine the tragic and complex estate of actor Gene Hackman, a case where timing, trust gaps and estranged heirs collided.

From an $80 million fortune and a decades-old will to simultaneous death rules and charitable trusts, Victoria unpacks how not regularly updating the estate plan shaped the outcome. Drawing on her years advising fiduciaries and families, she explains why ongoing estate reviews, succession planning and clear documentation are critical to preserving both wealth and intent.

Key Takeaways:

- The impact of failing to update an estate plan for nearly two decades
- How simultaneous death laws can complicate estate distribution
- The role of trusts in preventing intestacy and potential family disputes
- The importance of successor trustees and contingency planning
- How art, memorabilia and even Oscars factor into estate valuations.

Resources:

Listen to Celebrity Estates on WealthManagement.com: https://bit.ly/3GAVENN 
Subscribe and listen to Celebrity Estates on Apple Podcasts: https://bit.ly/4m263CC 
Subscribe and listen to Celebrity Estates on Spotify: https://bit.ly/42V80b7 
Trust and Estates Magazine: https://bit.ly/3XXqoPn 
Celebrity Estates: The Art of Celebrity Auctions with Victoria Gray: https://bit.ly/4hy7fLQ 

Connect With David Lenok:

david.lenok@informa.com 
https://www.wealthmanagement.com/ 
LinkedIn: David Lenok: https://bit.ly/DavidLenokLI 
LinkedIn: Informa: https://bit.ly/InformaLI 
LinkedIn: WealthManagement: https://bit.ly/WealthManagementLI 

Connect With Victoria Gray:
 
Website: Insight Art & Collectibles Advisory - https://insightartadvisory.com/ 
LinkedIn: Insight Art & Collectibles Advisory - https://www.linkedin.com/company/insight-art-advisory/ 
LinkedIn: Victoria Gray - https://www.linkedin.com/in/victoria-gray-3612a05/ 

About Our Guest:

Victoria Gray is one of the art market’s most trusted and accomplished insiders, bringing more than two decades of high-stakes experience to the sale and stewardship of the world’s most coveted tangible assets. As the Founder of Insight Art & Collectibles Advisory, she serves a global clientele navigating the complexities of selling fine art, jewelry, watches, wine, classic cars, and other collectible property, ensuring every transaction is executed flawlessly, strategically, and to maximum advantage.

Before launching Insight, Victoria spent over 20 years at Bonhams, one of the world’s oldest and most prestigious auction houses, rising to Deputy Chairman of North America, while starting her career at Sotheby’s, a leading global auction house.

During her tenure, she served as Senior Vice President, Managing Director of the Valuations, Trusts & Estates Department, and Head of Office for Bonhams San Francisco. She also built and led Bonhams’ Trusts & Estates presence in New York, forging deep relationships with elite trust & estate attorneys, fiduciaries, wealth managers, and family offices nationwide.

Celebrity Estates: The Lessons Behind Gene Hackman’s Estate with Victoria Gray

When someone passes away, it’s often a close family member or trusted friend who steps up to take on the role of executor. But what many people don’t realise is that this role isn’t just about distributing assets — it comes with serious legal responsibilities, and in some cases, personal risk.
In this episode of Brisbane’s Legal Lowdown, Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall joins the conversation to explain when executors can find themselves personally liable for mistakes made during estate administration.
Duncan discusses the common pitfalls people face when managing an estate, from selling assets too soon or under value, to distributing funds before debts or taxes are finalised. He also explains how easily things can go wrong when executors try to handle the process themselves without proper legal guidance.
Using real-world examples, Duncan shares how disputes between family members, unclear Wills, and pressure from beneficiaries can quickly escalate — sometimes resulting in costly legal battles or personal financial loss for the executor.
The discussion also covers practical advice for both current executors and those drafting their Wills and deciding who to appoint to this role, including:
•	The core legal duties of an executor and how to meet them.
•	How to avoid personal liability when conflicts arise.
•	When and how an executor can renounce their role if the responsibility feels overwhelming.
•	What to look for when appointing a suitable executor in your Will.
If you’ve been appointed as an executor, or you’re planning your estate and want to ensure your affairs are handled smoothly, this episode offers valuable insights to help you protect yourself and your loved ones from unnecessary stress and financial risk.


12th Nov 2025 - Duncan MacDougall - Brisbane's Legal Lowdown

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.

Need a good lawyer?
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Attwood Marshall Lawyers, est 1946.
Phone 1800 621 071 today.
www.attwoodmarshall.com.au

Leading law firm renowned for fighting for what's right and providing top-tier personal legal services. Listen to all our podcasts on Spotify: https://open.spotify.com/show/7f7e0GoY60xxoVWJJ9k7fJ

Hodge Jones & Allen Solicitors was founded in 1977 by Henry Hodge, Peter Jones & Patrick Allen. To this day the firm remains committed to providing first-class legal help to individuals and organisations alike, based on a strong set of ethical values that permeate throughout the firm.

Our philosophy has always been to enable individuals to have access to justice where otherwise they might be denied it and this ethos remains as strong today as it did back then. We strive to right wrongs, achieve justice for all and get the very best result for our clients.

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 #probate