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Law Articles

Is this Valid? Questioning Testamentary Capacity and Will Validity
Is this Valid? Questioning Testamentary Capacity and Will Validity
By Natashia Blank A Will can be questioned for a variety of reasons. One basis is the lack of adequate provision (e.g. being provided for financially, known as a family provision claim). Another ground is the formal validity, which is asking whether the Will follows proper execution procedures which are prescribed at section 10 of […]
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Family Provision Applications
Family Provision Applications
When someone dies, leaving an estate in Queensland, there are certain people who have the right to apply to the courts over how the assets are distributed from the estate. A Family Provision Application is a legal recourse available to certain individuals who believe they have not been adequately provided for in the estate of […]
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Understanding the Role of a Statutory Trustee in Property Disputes
Understanding the Role of a Statutory Trustee in Property Disputes
By Natashia Blank, Litigation & Dispute Resolution Solicitor at Argon Law Disputes among co-owners often arise, leading to challenges in decision-making and property management. In such situations, the court has the power to appoint a Statutory Trustee to take control and oversee the sale of the disputed property. The Need for a Statutory Trustee Co-ownership […]
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How to Plan for a Business Succession: A Comprehensive Guide
How to Plan for a Business Succession: A Comprehensive Guide
Effective business succession planning ensures the smooth transfer of your business to the next generation or a new owner, preserving its value and legacy. In Australia, only one-third of family and private businesses have a succession plan, resulting in significant value loss. Proper planning can be complex, but with the right legal and financial guidance, […]
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Understanding Changes to Body Corporate Law: Scheme Termination, Sunset Dates in Off the Plan Contracts, Smoking and Pet By-Laws
Understanding Changes to Body Corporate Law: Scheme Termination, Sunset Dates in Off the Plan Contracts, Smoking and Pet By-Laws
The Queensland Government has passed various amendments to the legislation governing Body Corporate and Community Management. Once this legislation comes into effect, it will result in significant changes to body corporate law which affect various aspects of communal living, property management and property development. Passed on 14 November 2023, the new legislation is set to […]
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How to Contest or Challenge a Will in Queensland
How to Contest or Challenge a Will in Queensland
Initiating a Family Provision Claim, which is the process of challenging a Will, or contesting a Will becomes imperative when you believe the Will is not legitimate, you have not received your rightful share, or you have been subjected to unjust treatment in the allocation of inheritance. It is crucial to act promptly in such […]
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What is the Difference Between Contesting and Challenging a Will?
What is the Difference Between Contesting and Challenging a Will?
Losing a loved one is an emotional journey, and the aftermath often involves dealing with the complexities of their estate.  First of all, the Will must be legitimate. At times, concerns may arise regarding the provisions made in the Will. When beneficiaries or potential beneficiaries believe that they haven’t been adequately provided for, they may […]
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How Can I Protect My Assets? Strategies for Asset Protection
How Can I Protect My Assets? Strategies for Asset Protection
In the face of the rise in interest rates on home and business loans and the ever-increasing cost of living, it has become more crucial than ever to prioritise asset protection.  Now could be the ideal moment to optimise your affairs for your benefit when considering the acquisition of new assets or restructuring your current […]
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Early Land Acquisition Agreements: Navigating Compulsory Acquisition Hardship
Early Land Acquisition Agreements: Navigating Compulsory Acquisition Hardship
In Queensland, the State Government and local authorities, known as constructing authorities, have the power to compulsorily acquire private properties for public purposes, such as infrastructure projects. While major projects are planned well in advance, actual land acquisitions often occur just before construction commences.  This can leave property owners in difficult positions for extended periods […]
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