The first case of medical negligence
June 11, 2021
1828 saw the first recorded case of medical negligence. In England in 1828, Thomas Wakley, a reporter, was the defendant in a libel (defamation) claim
Looking after tomorrow, today.
- IPSWICH
- SPRINGFIELD
- GATTON
Your family's future is our business.
No one knows when illness or an accident might happen.
Who will keep paying your bills or make decisions about your medical treatment?
What will happen to your loved ones and your estate after you have gone?
McNamara Law knows that an expertly written will and a well-planned estate brings true peace of mind for your future. It is one of the most important things you can do for your family’s security.
At McNamara Law, we have a team of dedicated practitioners who practice exclusively in the area of Wills and Estates law. This expert team can assist you in all areas of estate law including:-
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How We Help
Estate Planning
- preparation of your will
- preparation of your enduring power of attorney
- preparation of your advanced health directive
- creating a testamentary trust in your will
- transfer of property or other assets during your lifetime
- other effective ways of protecting your assets during your lifetime
- advice regarding superannuation and beneficiary nominations
When planning your estate there are so many important factors to take into consideration such as who is the best person to act as executor of your will, who you would like to inherit your assets on your demise, or the consideration of the future wellbeing of your children.
Our experienced estate planning lawyers can help you:
- identify the best person to act as executor of your will
- consider the future well-being of your children
- help you identify your assets and liabilities
- manage the distribution of your assets/finances
- appoint guardians of your children
- establish testamentary trusts in your will
- create enduring powers of attorney
- create advanced health directives for complex health decisions and lifestyle matters should your capacity to make decisions be lost or become impaired
- keep your will/power of attorney/advanced health directives in safe custody at no charge, and will only release with appropriate authority
- transfer property or other assets during your lifetime to defeat claims that may be anticipated to be made against your estate after your death
- provide advice regarding superannuation and beneficiary nominations
- review of your companies and/or Trusts and provide advice regarding the setup of such entities and the assets they own when considering your estate plan.
McNamara Law with their experienced and friendly staff, can guide you through the process of planning for the future for your loved ones and friends.
Frequently asked questions
Q: What if I do not have a will?
A: If you do not have a will at the time of your death, then it is said that you have died “intestate”. The laws of intestacy then apply to determine who will benefit from your estate. Who that beneficiary, or beneficiaries, will be depends largely on your circumstances as at the date of your demise – whether you have a spouse or you are single, whether you have children or you do not. Often the laws of intestacy will mean that assets such as homes will be required to be sold when it may be your intention for the loved ones you have left behind to be able to live in the home.
You should never leave something so important to chance. Having an effective estate plan in place, which might be as simple as having a will, will be the best way that you can make sure your assets end up where you want them to, with minimal expense and delay.
If you pass away without a will, this is costly to your estate due to the fact that an application is required to be made to the Supreme Court of Queensland to appoint an administrator (similar role to that of an executor named in a will) given that you do not have a will appointing an executor.
Q: What is a testamentary trust?
A: A testamentary trust is established under a will but it does not come into effect until after the death of the will maker. Incorporating a trust within your will can provide significant flexibility, along with asset protection and tax minimisation for your intended beneficiaries.
A testamentary trust differs from that of a normal will because under the testamentary trust the trustee has the discretion to distribute capital and income between a group of beneficiaries named in your will. Including a wide number of potential beneficiaries will give greater flexibility to the trustee when distributing estate assets.
The benefits of a Testamentary Trust can include:-
- Better protection of assets for the intended beneficiaries who may be facing family law proceedings, at risk of being made bankrupt, have an addiction to drugs or alcohol or gambling, be spendthrifts, etc.
- Flexibility for your beneficiaries
- Tax benefits
It is important to consider the ongoing administrative costs involved in maintaining a testamentary trust, such as accountancy fees, as well as whether the income generated by your estate would be sufficient to warrant a testamentary trust. Our team of wills and estates lawyers can provide advice as to whether a testamentary trust is for you and help you consider whether the costs associated with the preparation and administration of a testamentary trust are economical in your circumstances.
Q: What is the difference between a power of attorney and an advanced health directive?
A: Power of Attorney:
A power of attorney is a legal document which gives another person the authority to make personal and financial decisions on your behalf.
Personal decisions include:
- where you live
- who you live with
- giving consent for any medical treatment
Financial decisions mean the management of your finances including:
- payment of all accounts
- all tax requirements
- decisions regarding the purchasing and selling of property
- payment of general everyday expenses
- reporting to Centerlink on your behalf
An advanced health directive is a legal document in which you specify what should happen if your health deteriorates or you become incapacitated and you are no longer able to make decisions for yourself. In an advanced health directive, you are able to leave instructions regarding more complex medical treatment.
If you specify your medical preferences in an advanced health directive then you are taking the power away from your appointed attorney to have the discretion on that particular decision.
Estate Administration and Litigation
Probate / Letters of Administration
Will Disputes
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Contact us to discuss your situation and best course of action. We understand your time is valuable and offer consultations via Zoom, Skype, Microsoft Teams or phone call. Let McNamara Law help you find your legal solution today!
Ipswich (07) 3816 9555
Springfield (07) 3470 3600
Gatton (07) 5462 1566
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