NEWS

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COVID-19

The world is currently experiencing a very challenging time, with the situation constantly changing.  No doubt, this is causing many people anxiety.  Please be kind to each other.  And wash your hands - frequently!

STEP QLD

I am very pleased to announce that I have again been successful in the election to be a member of the STEP Qld Committee.  In 2021, I will be the Deputy Chair of the Committee and I am very much looking forward to supporting the Chair, Chris Herrald TEP as well as continuing to work with the Committee as a whole.

2020 was a challenging year for the provision of STEP Qld's learning program but we were quickly able to adapt to the new conditions, delivering most of the scheduled programs online.  Unfortunately, the Annual Conference needed to be cancelled.  The Committee hopes that the Annual Conference will be able to go ahead, in person, later this year.

Cross Border Estates

In 2017, I undertook an Advanced Certificate in Cross Border Estates run through STEP. The course focused on the difficulties encountered in estates where assets may be located in different jurisdictions.  Those difficulties include issues in determining which jurisdiction's law applies to the succession of individual assets (including the differences in Civil Law countries and Sharia Law countries) and the tax regime that might apply.  I am pleased to announce that I obtained a distinction in the course.

In 2020, I put the knowledge gained in this course to practical use in relation to parties in Iran.  The deceased was domiciled in Australia at the time of his death leaving a young wife who had yet to obtain her visa to join him.  This dispute required a working knowledge of Sharia Law as well as the law in Queensland.

News

Re Nichol; Nichol v Nichol

[2017] QSC 220

An interesting Will case - in this instance, the Court found an unsent text message was a Will.

 

 

 

Radford v White [2018] QSC 306

Continuing on the theme of interesting methods of creating a Will - in this case, it was declared that a video recording formed a Will. 

 

Baker v Baker [2019] QDC 92

In this case, the Judge gave some sage advice about the way evidence is required to be provided in applications for provision from estates and made some comments about my soapbox issue - costs.

 

 

 

 

 

Changes to the Guardianship and Administration Act 2000 (Qld), the Powers of Attorney Act 1998 (Qld) and the Public Guardian Act 2014 (Qld)

On 26 March 2019, the Guardianship and Administration and Other Legislation Amendment Bill 2018 was passed.  A number of the provisions have not yet been proclaimed.  It will provide further powers to both the Public Guardian (Qld) - by allowing any investigation started by them to continue even after an adult has died - and to QCAT - in a number of areas but in particular, in allowing the Tribunal to appoint an Administrator for a missing person and also allowing the Tribunal to order an administrator to pay compensation for loss.   These changes commenced on 30 November 2020. You can read the Bill here: