Archive | Estate & Succession Planning

Will Challenges

Have you left someone out of your Will, or left them less than they expect? Can they challenge your Will? As a rule of thumb, if they are your spouse (or former spouse), child or other dependent, or were named in your previous Will, then quite likely yes. Succession laws around Australia provide certain classes […]

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Death Duties in Australia

Will the government take a slice of your estate when you die? Death duties were abolished in 1978 – right? Nothing to worry about? Maybe. Australia is one of the few developed countries not to have an inheritance tax. Treasurer Scott Morrison, when asked in 2015, would not rule out introducing an inheritance tax in […]

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Testamentary Trusts

What is a testamentary trust and why would you have one in your Will? There is a fair chance you already have one! It is a trust provided for in your Will, where someone looks after assets for someone else. Where children or grandchildren are possible beneficiaries and they have not turned 18, trustees are […]

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Super Mistakes

For many Australians, their most valuable asset other than their family home is their superannuation. However,  superannuation is not an asset you can leave to anyone under your Will. Your superannuation is held in trust for you in a superannuation fund, by the trustees of the fund. The rules of that fund determine what happens […]

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Advance Care Planning

You may have heard of a “Living Will” and wondered what that means. In the United States, a “Living Will” is often prepared when Wills are being prepared. In Australia, we call the equivalent an Advance Care Plan. This involves making a plan about what you want to happen in the future about your personal […]

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