Archives December 2025

Case Law Updates, Digital Wills / Informal Wills, Estate Planning Risk Management, Probate and Estate Litigation, Succession Law, Testamentary Intention, W & G Lawyers, Wills & Estates

Digital Wills and Testamentary Intention

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Lessons from the NSW Court of Appeal’s $13.6 Million Decision

A recent decision of the NSW Court of Appeal has confirmed that, in exceptional circumstances, a note saved on an iPhone can operate as a legally valid will. While the Court ultimately upheld the deceased’s wishes, the case highlights the significant risks associated with informal estate planning.

The decision in Wheatley v Peak [2025] NSWCA 265 reinforces a simple and critical message. A properly drafted and executed will remains the safest and most effective way to protect an estate.

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Binding Death Benefit Nominations (BDBN), Dispute Resolution – Superannuation Trustees, Estate Planning, Financial Dependants & Beneficiary Rules, Superannuation & Death Benefits, Superannuation Law, Tax Implications, W & G Lawyers, Wills & Testamentary Trusts

Understanding Superannuation in Estate Planning

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Superannuation is often one of the largest assets a person holds, yet many Australians do not realise it does not automatically form part of their estate. Because superannuation is held in a trust and governed by superannuation legislation and fund rules, the benefit may not be distributed in accordance with your Will unless the proper arrangements are in place.

Ensuring your nominations are valid, current, and consistent with your broader estate plan is essential. The following overview highlights the key issues to consider.

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Business and Commercial, Consumer Finance Protection, Finance & Lending Law, Guarantees & Indemnities, Risk Management for Business Owners, Small Business Legal Guide, W & G Lawyers

What You Need to Know Before You Sign a Loan Agreement as a Guarantor

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In Queensland, it is very common for banks and lenders to ask an individual to act as a guarantor for another person or a business. You may be asked to guarantee a loan for your company or a family member. Many people agree without fully understanding the legal and financial consequences—particularly when the document also contains an indemnity, which creates significantly greater exposure.

This guide explains the difference between a guarantee and an indemnity, the risks involved, and what you should carefully consider before signing.

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#Property Law Act 2023, Commercial & Property Advisory, Consumer Protection in Housing, Housing & Tenancy Law, Legal Insights & Compliance, Queensland Legislation Updates, Residential Parks & Site Agreements, W & G Lawyers

Big Changes Coming to Manufactured Homes in Queensland

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New Rules Start on 6 December 2025 — Here’s What You Need to Know

If you own a manufactured home, are thinking about buying one, or you operate a residential park, important new laws are coming to Queensland on 6 December 2025.

These changes update the Manufactured Homes (Residential Parks) Act 2003 (Qld) and are designed to:

  • give homeowners stronger protection;
  • make fees and rent increases more predictable;
  • make contracts clearer and easier to understand; and
  • improve transparency between residents and park owners

All information below is based on the official updates published by the Queensland Government.

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