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While it is not something that QBM Lawyers generally practice in, this recent decision of the Childrens’ Court relates to parenting orders made in a surrogacy situation and has quite a fascinating summary of the Surrogacy Act 2010 and the considerations under it. https://www.sclqld.org.au/caselaw/QChC/2022/4

What happens where a person has died and there is a dispute as to whether they had capacity to make their last will? That can put the executor named in the last will in a difficult position, as their role is dependent on the last will being valid. There are remedies available for both the […]

In the recent decision of Forster v Forster, the Queensland Supreme Court has considered mutual wills in the context of whether there is any duty from the surviving party to keep the ultimate beneficiaries informed of the status of their expectancy. It is easier to step this out: mutual wills are wills usually (but not […]

The ATO have issued several draft guidance products concerning distributions of trust income, and in particular distributions to adult children when the benefit of the distribution is enjoyed by the adults who control the trust. This is the link to the package https://www.ato.gov.au/Business/Business-bulletins-newsroom/Public-advice-and-guidance/Draft-guidance-products-impacting-trusts-released/ Of particular note is this https://www.ato.gov.au/law/view/document?DocID=TPA/TA20221/NAT/ATO/00001. The examples given in the document […]