Entries by Margaret Arthur

The Last Minute Will

The Queensland Supreme Court was recently asked to decide whether an unsent SMS tapped by a person shortly before they took their own life amounted to an informal Will. An Informal Will is a document that doesn’t satisfy the strict requirements of a valid Will. The Court decided it did. In the SMS, the deceased […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

I don’t want it!!

In a recent Western Australian Court case, the issue was whether the beneficiary of an inheritance of nearly $100,000 had “disclaimed it” by telling the Solicitor for the Executor he wanted nothing to do with it.  The solicitor had written to the beneficiary a number of times asking whether he wanted the gift and in […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

New Form & Electronic Recording – Advance Health Directives for Mental Illness

The new Mental Health Act 2016 ( the ‘Act’) came into operation in Queensland on 5 March 2017. One of the initiatives under the Act is the Advance Health Directive for Mental Health. The aim of this form is to allow people to record their views, wishes and preference in relation to the treatments they […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Leaving Life Well

As the acidic, recently departed American comedian Joan Rivers once said, I believe “Life is uncertain, eat desert first.” While this is good advice given life is replete with unpredictable events, one particular event is not – death. What is not quite so precise however, is where, when and how that event will occur. While […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Who is entitled to see a copy of the Will in Queensland

    Transcription: Margaret Arthur, Partner with CRH Law speaking with you today about who is entitled to see a copy of the Will when somebody dies in Queensland. When a family member dies people within the family, or other interested parties, generally expect to be provided with a copy of the Will, or told […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Reviewing orders made by QCAT

Transcription: My name is Margaret Arthur. I’m a partner here at CRH Law. Today I’m going to be speaking with you about orders made by the Queensland Civil Administrative Tribunal and ways they can be reviewed on occasions. We act in many guardianship and administration matters that proceed through QCAT, the Queensland Civil and Administrative […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Just Good Friends?

In many ways, Jane and Harry’s* relationship was unusual. But then, as the Court said when trying to decide whether this mild mannered elderly couple had been friends, lovers or de facto partners, “Human relationships cover a broad spectrum.” Jane and Harry would, no doubt, have been very surprised, and possibly somewhat embarrassed to think […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Disputed de facto relationships

Transcription: Hello, Margaret Arthur, partner from CRH Law speaking with you today about disputed de facto relationships. In years gone by a relationship which was generally between a man and a woman would follow a fairly set projectory. They’d meet, fall in love, there’d be a courtship, an engagement and a marriage. There was a […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Challenging a Trustee’s Discretion

Hello. I’m Margaret Arthur, a partner with CRH Law. Today I’ll be speaking about whether it’s possible to challenge a trustee’s discretion. Many people have what are called discretionary family trusts and the reason they’re called discretionary is because the trustees have very wide powers to decide who it is that will receive benefits from […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.

Suspicious Circumstances and Wills

Transcription: Hello. It’s Margaret Arthur, partner with CRH Law, speaking with you today about suspicious circumstances and wills. Clients often come to see us because they’re troubled by a will that’s been left by a loved one and may not feel that the will really represents what the loved one wanted. Now, the law does […]

Margaret Arthur
Our resident expert on the full gamut of life planning issues from guardianship, incapacity, disability and family disputes through to sophisticated estate planning and will challenges.