An older man allegedly made a will to remove his estranged step-son as a beneficiary, and shortly moved into respite care. After his death the will could not be found, and the man’s savings had been removed from his account.
We are regularly asked to deal with urgent estate plans for older and vulnerable people. Our team takes all necessary steps to provide appropriate evidence of testamentary capacity, and where appropriate obtain an interim will at the initial consultation. We generally retain the original documents in our safe custody (and if not, we maintain a record of custody of the documents). Finally, we have successfully assisted clients in obtaining grants of representation of informal wills and other documents that evidence testamentary intention.
After a death, it is important that estate assets (including bank accounts) are preserved and frozen until the estate can be properly administered. As with the first case, an initial consultation with a solicitor about estate administration is crucial.
A well known an high net worth individual is engaged in a dispute with his attorneys about his capacity. Enduring Powers of Attorney are an important part of an estate plan, however care should be taken in relation to both the selection of attorneys and which additional clauses should be included in the document. We are experienced in dealing with both drafting complex enduring powers of attorney and dealing with capacity issues before the Queensland Civil and Administrative Tribunal.