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Mutual Wills

Following on from our article regarding mutual wills https://www.qbmlawyers.com.au/estate-lawyers-gold-coast/estate-lawyers-gold-coast-mutual-wills/, the Queensland Supreme Court has recently considered whether Mutual Wills had come into existence without any express statement in the Will that they were mutual.  Relevantly, this was a matter in which a husband and wife had made “mirror wills” (ie giving their estate to each […]

Adjoining Owners Property Rights

A recent Supreme Court decision considered the costs of a dispute between adjoining owners as to the conditions under which the property A owner could enter into the property B owner’s land of the other to carry out work to property A. The entitlement to do so is triggered by section 180 of the Queensland […]

Discretionary trusts and the power of appointment

In most discretionary or family trusts, there are three main roles.  The first is of the trustee, who holds the property and carries on the business for the benefit of the trust.  The second is the identity of the primary beneficiaries.  Usually, the beneficiaries will be in some way related or associated with the primary […]

SMSF Binding Death Benefit Nominations

Many will be familiar with binding death benefit nominations for their superannuation funds. These nominations direct the trustee of the fund to pay the benefit upon a member’s death in a particular way (generally to “dependants” in particular proportions, or to the legal personal representative (executor of the will or trustee of the estate) of […]