If you become incapacitated and unable to look after your own affairs, the office of the Public Trustee is responsible for looking after your finances and the office of the Public Guardian is responsible for making decisions about your personal affairs (for example, where you live) unless you have an Enduring Power of Attorney. Neither […]
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 […]
Wills and Children from Previous Relationships
Couples in a second (or subsequent) relationship with children from previous relationships, often have Wills that leave everything to each other. They agree that when the second partner dies, they will leave half their assets to the children of the first partner to die. However, when one partner dies, it is very common for the […]
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 […]
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 […]
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 […]
Getting Your Will Sorted
It may surprise many that an estimated 75% of Australians do not have a Will. So, if you are in the 75%, what does that mean? If you die without a Will, your assets are distributed under a formula that depends on your family circumstances. The end result is usually quite different to what most […]
DIY Will kits and internet Wills – are they a good idea?
Are DIY Will kits or internet Wills a good idea? Ok – you are reading something written by a lawyer who specialises in Wills and estate planning. Read on though – what are your options if you really do only need something very basic? I have to say that estate lawyers love DIY Wills. They […]