Power of Attorney – FAQs

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Recent Posts

  • What principles are used to determine inheritance in an Islamic Will?

    People often ask what key principles determine the inheritance rights in an Islamic Will. Simply, it comes down to 3 factors: Relationship Generational Category Financial Burdens Relationship is the simplest factor as it directly relates to how close of a relative the individual is. The closeness of the degree of relation is what determines if […]

  • What it looks like to divide an estate under an Islamic Will

    So, you have done some research and read a few articles that explain the rules governing how an estate should be divided under an Islamic Will. But what exactly does that look like? To give it a little bit of context here are a few examples of potential family arrangements and how the estate would […]

  • Asking for an Islamic Will that is not an Islamic Will?

    There are sometimes occasions where people express interest in drafting an Islamic Will; they then go into detail about what they want, and it becomes clear that it is not actually an Islamic Will at all. The most common way that this situation presents itself is through parents wanting to divide their estate equally between […]

  • COVID-19 – Electronic witnessing of documents

    On 22 April 2020, the New South Wales government introduced the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 which amended the Electronic Transactions Regulation 2017 by allowing documents such as wills, power of attorney and enduring guardianship (and others) to be witnessed over ‘audio visual link’ (ie, video conference). The government introduced these […]

  • Islamic Will – How important is it for Muslims to have one?

    As far as Wills go, it is important for everyone to have one. It’s the best way to make sure your family know exactly what your wishes are regarding your estate (all that you own and owe). You may be thinking, “I could just tell them what I want. I trust them to do as […]

  • I have a mental illness, can I still make a will?

    Preparing a will is something most people choose to do at some point in time in their lives. If a person leaves it to when they are frail and ill issues will arise concerning their mental and legal capacity. In Australia there are four issues that must be considered in order to figure out if […]

  • RIP? What happens to our social media accounts when we die?

    By now you have probably either read or heard about the Facebook privacy breach by Cambridge Analytica. However, have you considered what happens to your Facebook data when you pass away?  Additionally, have you ever considered what would happen to your digital purchases when you pass away? Social Media Accounts Most mainstream Social Media platforms such […]

  • Same-Sex Marriage & Wills

    In December 2017 Australia became the 26th Country to legalise same-sex marriage. Changes in legislation can often bring questions and at times uncertainty about its impact on other areas of law. As a result, below we will examine the impact that same-sex marriage will have on Wills. Prior to the changes in legislation: Before the […]

  • Hold the phone – SMS Will accepted by QLD courts

    In October this year, the Queensland Supreme Court heard a case regarding the validity of an Informal Will. Interestingly the case examines whether an unsent text message can be accepted as an Informal Will. The case brings two questions to light. Firstly it asks us to consider whether formal Wills are still necessary in our […]

  • What is a grant of probate?

    When drafting our client’s Will we have often noticed that many people appoint an executor but do not fully understand the vital role they will play. One of the key roles of the executor after your death is to get a grant of probate. Below we will provide a basic breakdown of probate and the […]

  • Who can access my Will?

    When we store Wills clients often ask “who can get access to my Will once I die?” The answer is there is no single category of people who can access your Will once you have passed away. However, we always remind clients the people who are your executor/s will always be granted access. The reason […]

  • Are my children really my children?

    It is not every day that we wonder if our children are really our children, but part of the complexity of estate law is that words can take on a variety of meanings. For example, the term children do not take on the same definition in succession law as everyday use. Further, the term issue […]