Dying Intestate – The Dangers of Dying Without a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to...
Wills & estate planning
What Happens When Executors of Deceased Estates Don’t Agree
You may know exactly what you want done with your assets if you die. But who do you want to be the one to carry out those wishes – and what...
Why everyone needs a Power of Attorney
Most people over 18 years of age should consider having a Power of Attorney in place.A Power of Attorney is a legal document made by a person...
The importance of estate planning before capacity becomes an issue
However, it is important to understand that these arrangements for the future can only be put in place while you have the necessary mental capacity....
You have been asked to be an executor – should you agree?
Who needs an executor? If a person is married or has a de facto partner, their will usually leaves everything to their spouse or partner. If...
How to Locate an Original Will
When a person dies, the distribution of their estate and the person entitled to step into the shoes of the deceased in managing their affairs,...
Including Cryptocurrency in Your Will or Estate Plan
Cryptocurrency has emerged as a disruptive force in the financial world, offering a new frontier for investment and wealth accumulation. As both...
Will Contests and Estate Disputes – an Overview
Disputes of this sort are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal processes and the reasons...
FAQ on Estate Planning
Proactively planning for how you would like your assets distributed after your death can save many hours of heartache for friends and family...
Making Your Will Count – Healthy Will Checklist
If you don’t have a Will your assets will be divided according to how the law dictates in the rules of intestacy, that is, when you have not...
Do you know when to update your Will?
When to review your Will Many people make a Will, arrange for it to be safely stored and then forget about it. However, in many situations reviewing...
What to do if you’ve been left out of a will
What is a Family Provision claim? Successful family provision claims involve the Supreme Court essentially rewriting the will, to ensure that...
Why it’s a bad idea to write your own Will
Why you need a valid Will The sole purpose of writing a Will is that you can direct where your assets go when you pass away.If you have...
Dealing with deceased estates – Executor duties
Where a person is appointed by a Will, that person is called an "executor".An executor is chosen by the person making the Will to carry out...
Who’s your daddy – the rights and obligations of sperm donors
Is the sperm donor legally the father? The Status of Children Act of New South Wales states that if a woman, married or unmarried has a child...
Retirement Living Life beyond bingo and bowls!
Not surprisingly people talk about buying their first home as being a life changing event and it is. However, in the past it has been rare for...
Estate planning for digital assets
Mr Cotton’s death in India at the age of 30, not only raised suspicion as to its authenticity (and allegations of an exit scam), but reiterated...
Protecting a will from being challenged
Requirements for a valid will It is well known that a will is a legal document which sets out how a person wants their assets to be distributed...
Who should be your executor?
Executors are responsible for all decisions relating to your estate. If minor children are involved, this includes decisions as to spending money...
Enduring Powers of Attorney explained
What is an enduring power of attorney? A Power of Attorney is a useful legal document used to allow someone to handle your affairs in a variety...
What a Will Kit doesn’t do
Generating an on-line Will may seem easy, but the ‘hundreds of dollars’ that you might save will never make up for some of the possible pitfalls...
Does your will cover your superannuation?
What happens to your superannuation on your death is governed by the rules of the superannuation trust deed. Your will does not control your...
The power of a power of attorney
It can be beneficial to grant a power of attorney in favour of a spouse or other trusted family member, to enable your financial affairs to be...
Testamentary trusts
This means that, instead of your will leaving a share of your estate to each child, that share will be placed into a separate trust for each...
Powers of attorney for SMSF’s
Powers of attorney alone are not the answer, as the Powers of Attorney Act 2003 does not allow a person to confer on an attorney the authority...
Protecting assets against family law claims
The Family Law Act When a marriage is coming to an end, the party with most of the assets, for example, a profitable business, often tries...
Family law and cryptocurrency
Cryptocurrency included in the asset pool Both spouses have an obligation to make full and frank disclosure of their financial circumstances....
Protecting gifts to children
There are relatively simple, practical steps that a prudent parent, or grandparent, can take to protect such a gift. Provide a loan, not a gift Consider...
Powers of attorney
What is an enduring power of attorney? A power of attorney gives someone you nominate (the attorney) a power to sign documents on your behalf,...
Enduring guardianship
With advances in modern medicine, this situation is occurring more and more frequently. People may temporarily or permanently lose mental capacity,...
Can stepchildren challenge a will?
FAMILY PROVISION LEGISLATION Married couples usually have wills leaving everything to each other or, if the other has already died, leaving...