Smarty Marty | Public figure

Smarty Marty

Phone: +61 437 711 771

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17.01.2022 Good morning! This week I discuss a Queensland Supreme Court decision of of (Re Sebasio [2020] QSC 247) involving the issue of testamentary capacity. In this case, his Honour held that the deceased did not have testamentary capacity to revoke his 2011 will nor at the time he executed his 2018 will. The take home message is that testamentary capacity is a complex area of law and as a general rule, people ought to consider instructing a lawyer who practices in this area to dra...ft your will sooner rather than later because you may run into issues about capacity. Further, if you have concerns about whether a person had the relevant capacity to execute their last purported will and they pass away, there are strict timeframes that apply to ensure your rights are protected and it is recommended that you seek advice from someone in estate litigation. I encourage everyone to listen, like, share and write your comments on the case Cheers, Marty #estatelitigation #estatedisputes #willsandestates #succession #discussion #capacity #testamentarycapacity #queensland #attwoodmarshalllawyers #case #lawyer #goldcoastlawyer #estatelitigationlawyer #litigation #court #courtcase #decision #vlog #video #ALegalBytewithMarty #SmartyMartyy #LegalByte #legalmaters #Legaleagle

16.01.2022 HAPPY MONDAY!! This week I discuss a family provision decision of (Behrens v Behrens [2020] NSWSC 1566) involving estrangement of a child of 25 years who had a violent past. The applicant was unsuccessful in his claim and was ordered costs against him. The take home message is that children of a deceased person are eligible to bring a family provision application in most jurisdictions, and estrangement will not automatically exclude a person from being successful. However, ea...ch case is different and depends on the circumstances. I encourage everyone to listen, like, share and write your comments on the case Cheers, Marty #estatelitigation #estatedisputes #willsandestates #succession #discussion #familyprovision #estrangement #violentpast #blacksheep #newsouthwales #attwoodmarshalllawyers #case #lawyer #goldcoastlawyer #estatelitigationlawyer #litigation #court #courtcase #decision #vlog #video #ALegalBytewithMarty #goldcoast #SmartyMartyy #LegalByte #legalmaters #discussions #LegalByte #Legaleagle

11.01.2022 Good morning, Firstly, I would like to thank everyone for supporting me this year and tuning into "A Legal Byte with Marty". I really appreciate it. This week I discuss a WA family provision decision of (MTG -v- MWG as executor of the will of MTH [2020] WASC 326)... involving unique cultural issues between a husband and a wife. The husband was successful in his claim and costs were ordered to be taken from the estate. The take home message is that spouses usually have a strong claim for further provision from an estate. This was case was unique due to the cultural background. I encourage everyone to listen, like, share and write your comments on the case. I wish everyone a Merry Christmas &Happy New Year, especially my colleagues @Attwood Marshall Lawyers My Community Legal Inc.. Ross Lee, George C Pharmacis, Melissa Summergreene, Natalie Comerford, Zoë Brereton, Samantha Dillon & Marie FEDOROV Divorce Lawyer, Mediator Gold Coast and Brisbane (to name a few)! Smarty Marty will be back in 2021! Be safe and healthy! #discussion #case #lawyer #litigation #court #decision #vlog #video #goldcoast #SmartyMarty #Legaleagle

04.01.2022 G'day! Happy Monday! This week I discuss applications to remove executors in Queensland and an example of a matter I acted on behalf of my client and achieved a positive outcome.... I encourage everyone to listen, share and comment on my Vlog. Thank you listening and I'll catch you all next week. Cheers, Marty! #estatelitigation #willsandestates #succession #estatedisputes #executor #executorremoval #removal #will #obligations #lawyer #goldcoast #litigation #law #legalmatters #vlog #SmartyMarty #estatelitigationlawyer #discussion #video #case #decision # #lawfirm #ALegalByteWithMarty #LegalByte #legaleagle