The end of a de facto relationship with a testator has the same effect as a divorce, namely, it revokes the ex-de facto’s appointment as executor of the will and revokes any benefits the testator gave to the former de facto partner under the will: new s 15B of the Succession Act 1981.
QLD, Estates
1. Notice of intention to apply for grant – Advertising changes From 24 November 2017 notices of intention to apply for grant need only be advertised in the Queensland Law Reporter and not in a newspaper: Supreme Court Practice Direction 14 of 2017.
2. End of de facto relationship – Revocation of executor The end of a de facto relationship with a testator has the same effect as a divorce, namely, it revokes the ex-de facto’s appointment as executor of the will and revokes any benefits the testator gave to the former de facto partner under the will: new s 15B of the Succession Act 1981.
3. Stepchild includes child of party to de facto relationship The definition of a stepchild has been extended to include the child of a party to a de facto relationship, so a stepchild of the de facto testator is capable of bringing a claim against the testator’s estate as the deceased step-parent: s 40A Succession Act 1981.
QLD – Estates – Applications for grants
From 24 November 2017 notices of intention to apply for grant need only be advertised in the Queensland Law Reporter – and not in a newspaper: Supreme Court Practice Direction 14 of 2017.
Injury publications – medical glossary
A medical glossary has been added to the injury publications to assist practitioners with ready access to better understanding medical and trauma terms.
Asset test thresholds
The asset test threshold amounts have been updated in the wills retainer instruction precedents.
Leases – new sublease precedents
Three new sublease precedents have been added to the Leases publication:
- Sublease – retail
- Sublease – commercial industrial
- Sublease – rural
Wills – resignation of trustee
A provision has been included in the will precedents to provide for the resignation of a trustee without being replaced, provided one remains.
Probate filing fees
The Supreme Court Probate filing fees have been updated in the retainer instructions and in the costs agreements. 1 July 2017
Estate filing fees
The costs agreements and retainer instructions have been updated to reflect changes to the Supreme Court filing fees.
Businesses changing hands
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.