There have been several important cases this year about Wills. Below, we summarise two recent cases, as well as one real life example we were involved in earlier this year.

Re Chambers (dec’d) [2023] QSC 230

If you have made a Will yourself, you might want to consider having it checked by a lawyer to make sure it has been signed properly.

This case was about a person who signed a Will form which they had prepared themselves. The person who made the Will (the testator) had signed the Will form immediately underneath the important parts of the Will which gave his estate away. However, the testator had only signed on page one but his witnesses did not sign on that page. Conversely, the witnesses had signed on page two but the testator did not.

The term most people use when they are separating from their wife, husband or partner is ‘divorce’. This term is often used to describe the entire process of bringing the relationship to an end, however it actually only addresses a small part of the overall process.

Drug Possession

In Queensland, under the Drugs Misuse Act 1986 (DM Act) it is an offence to possess any substance which is classified as a dangerous drug. But did you know that you could be deemed by the Police to be in possession of drugs which aren’t even yours and/or are not in your direct possession? This is called “occupier’s liability”.

What is occupier’s liability?

Under the DM Act, a person who occupies a place is deemed to be in possession of any drugs found in that place, unless the person can prove that they neither knew the drugs were in the place nor had any reason to suspect they would be there. This is one of the few times in criminal law that a defendant has the burden of proof.

With the increase of digital communications and conveyancing moving towards a paperless realm, all Buyers and Sellers are legally required to verify their identity.  Effective from 30 September 2019, the Queensland Government introduced a new protocol for the witnessing and execution of Land Title documents for lodgment with the Queensland Titles Registry.  This new protocol is referred to as the “Verification of Identity” (VOI) and is a process used to confirm a person’s identity.

Lawyers and other parties involved in property transactions have an obligation to ensure that the person claiming the right to deal with land is legally authorised to do so. This also involves confirming a person’s capacity to act as an agent for a company or as an attorney.

The VOI process is particularly important in land and property dealings, as it assists in reducing identity theft and land title fraud.

Unfortunately, as discussed in the article below there can be significant delays or unnecessary requirements in releasing superannuation to estates. We have come across scenarios where a 96 year old was required to detail her sleeping arrangements with her late 98 year old husband, provide birth certificates and a statement from all their 11 children that they were not going to make a claim against their late father’s superannuation. This was for all of less than $2,000 in superannuation. This situation can be lessened, or avoided altogether, with the right estate planning.  We can assist putting the best process in place to expediate the release of your funds to your loved ones.

Due to recent employment law changes we provide the following update:

Employment Law –

Modern Awards

If you are an employee or employer, it is important that you understand your rights and obligations. In Australia, most employees are covered by instruments known as Modern Awards. Awards are documents which set out the minimum entitlements which employees can expect they will receive, and vary depending on the industry the employee works in.

Some employees may be covered by multiple Awards, depending on the nature of their work and their duties. Therefore, employers will need to be aware of all Awards which cover their employees and ensure that each employee is made aware of each Award affecting them.

Most employment arrangements will be covered by individual Employment Agreements, however it is important to know that an employee’s rights and entitlements cannot be less than that which the Award (if one applies) gives to the employee, even if the employee agrees.

Have you been procrastinating about updating your Will or perhaps you don’t have one and keep putting it off for a “better time”? There is no better time than now. Nobody knows what the future holds. You want to be in control of who receives your assets once you have passed. You have worked hard for your assets, whether large or small. Now is the time you do have control.

We have been drafting Wills for over 50 years. It is one of the most important decisions you will ever make. Make the right decision.

Our friendly team are here to assist you. All you need to do is pick up the phone and make an appointment. We will guide you through the rest.

This article highlights the common practice of conveyancers and solicitors making referral payments to real estate agents.  Mott and Associates do not pay commisssions to agents and belive the practice should be banned in Queensland.

This is an interesting article on why conveyancers and solicitors should avoid acting for both sides of a transaction. It describes some of the pitfalls for the client. Mott and Associates will never act for both parties.

William Hodgen appeared in a recent podcast relating to dealing with estate matters.  The link can be found here.