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.
VIC – Wills – changes to ademption coming in 1 November 2017
From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including changes to ademption. See Wills legal Guide and precedents for further information.
VIC – Estates – legislative amendments coming in 1 November 2017
From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including amendments to intestacy, partners, 30 day survival rule, and repeal of hotchpot. See the Estates Legal Guide and Precedents commentary for further information.
Asset test thresholds
The asset test threshold amounts have been updated in the wills retainer instruction precedents.
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.
VIC – Land tax smart form for deceased estates
New land tax online smart form Deceased estate – Commencement or completion of administration (LTX-Trust-18).
This form replaces the paper forms LTX-Trust-13 and LTX-Trust-14, which will not be accepted beyond 30 September 2017.
Estate filing fees
The costs agreements and retainer instructions have been updated to reflect changes to the Supreme Court filing fees.
Assets and liabilities list
A new ‘tear off’ assets and liabilities list has been added to the retainer instructions Wills, powers of attorney precedent. This list may assist clients when they wish to provide more detail in their planning, as well retained by the client with their personal documents.
QLD – 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 – 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.
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