Are Surrogacy Arrangements Legal In Queensland?

Are-Surrogacy-Arrangements-Legal-In-Queensland
31 Jul

Are Surrogacy Arrangements Legal In Queensland?

Prior to the 1st of June, 2010, surrogacy arrangements were illegal in Queensland. Since that date the laws have changed, leaving couples who can’t conceive free to source a willing surrogate mother to carry their child full term. However, there is one key condition. The surrogate mother cannot receive payment…

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Charles Noble Brisbane Family Lawyers at South Bank interview
25 Jul

James Noble Law at Business South Bank interview with Charles Noble

  • Posting by James Noble Law
  • Law

 Charles Noble (Brisbane Family Lawyer) at James Noble Law in Brisbane interviewed at the Business Southbank Showcase 2018. One of the key differences between James Noble Law and many of our colleagues at other law firms is our attention toward technology. We offer our clients an easy way to…

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Some-Common-Misconceptions-About-Family-Law
19 Jul

Some Common Misconceptions About Family Law

Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many…

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4-Key-Points-To-Note-About-Property-Settlements
05 Jul

4 Key Points To Note About Property Settlements

Firstly, what is a property settlement? Put simply, the division of assets when a relationship breaks down, enabling both parties to sever financial and material ties with one another so they can better move on with their lives, requires a property settlement. A property settlement will also include the distribution of…

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Restorative Justice in Queensland

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or, if a fellow family member has manipulated the persons wishes. To challenge a will, you must have an interest in the deceased person’s estate. In other words, you may be someone who is referred to in the Will, or if the person dies without a valid will in place, someone referred to under the laws of intestacy such as a spouse or child of the deceased. Reasons to Challenge a Will The most common reasons to challenge a Will include: 1. Fraud 2. Lack of testamentary capacity of the deceased when creating the Will; 3. Manipulation, coercion or undue influence; and 4. Absence of knowledge of the contents of the Will. As Wills are usually made when the deceased person is elderly, the most prominent concern is whether the Will maker had mental capacity to understand the contents of the Will. In circumstances where the Will maker lacks this capacity, the Will may be set aside by the Court. Before an order is made, the Court will consider whether the persons had a severe mental illness (such as Alzheimer’s) or a brain disease (such as Dementia) at the time the Will was made. Another reason to challenge a Will is if the Will maker was not aware of the contents of the Will or where they were pressured by someone to leave a particular item (usually property or another valuable asset) to a particular person where they would not usually have done so. If the Court decides this has been the case, the deceased’s previous Will is used. If no previous Will exists, the laws of intestacy will apply. Although a deceased person may not have a “Will” at the time of their passing, if the person wrote a letter setting out their final wishes in an informal document with their signature, the Court has the power to declare that document valid. In certain circumstances, this informal document may even be declared valid despite an earlier formal Will.

Contesting A Deceased Estate

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