Start 2025 Right – Your Will
Can you believe we’re already two weeks into 2025? As the dust from the holiday season settles, we’re transitioning back to normal life and preparing to take on the year ahead. The beginning of a new year is often a time when many people set new goals or resolutions....
Announcing our partnership with Wishkeeper – Allowing you to preserve memories for your loved ones
“As an estate planning lawyer, I want to ensure that our clients have their wishes clearly expressed through legal documentation, and for them to have a way to easily and efficiently manage their information. Wishkeeper allows for this to be expanded to a whole other...
The importance of including digital assets in Wills: Why it matters
In today's digital age, our lives are increasingly intertwined with technology. From social media platforms to cryptocurrencies, digital assets play a vital role in shaping our personal and financial landscapes. Unfortunately, many individuals overlook the...
Understanding Victoria’s new Probate Filing Fee increase
The Victoria State Government today confirmed a controversial increase in probate filing fees. Estates valued at over $7 million will be the hardest hit, with a new filing fee of $16,803 – a significant increase from the current fee of $2,318.90. One positive change...
What is the Great Wealth Transfer?
As the baby boomer generation ages, a significant demographic shift is underway, poised to reshape the financial landscape in Australia. This is often referred to as the "Great Wealth Transfer," and it is estimated to see hundreds of billions of dollars passed down to...
What happens if I don’t have Powers of Attorney?
A Power of Attorney is a legal document that authorises a person to act on your behalf. Depending on the type of power given, the attorney may be able to make financial, personal and medical decisions for you when you are incapable of doing so. There are several...
How to deal with a Refundable Accommodation Deposit (RAD) after death
We are all aware that our population is aging and as a result, more people are living in residential aged care facilities. On entry to a facility, the accommodation provider and the resident enter into a Residential Care or Management Agreement and often a resident...
What if I don’t want to be an executor?
Being appointed as an executor of a deceased estate is a significant responsibility and comes with duties that must be fulfilled. The role involves managing the deceased's assets, paying debts, and distributing the estate according to their Will. However, if you’ve...
What is elder abuse?
Worryingly, elder abuse affects thousands of older adults in Australia every years and often goes underreported as it is usually at the hands of a close loved one. Elder abuse can manifest in many forms and involves any intentional or negligent act that causes harm or...
What does a Probate Lawyer do?
When someone thinks of a lawyer, their mind may wander straight to high legal fees. Engaging a probate lawyer to assist with the administration of an estate may be costly however, estate administration can be a complex process and if errors are made along the way,...
Making a Will – What is testamentary capacity?
A Will is an important document as it sets out your wishes about how your assets, young children and estate are to be managed and cared for after your death. When making a Will, for it is be legally valid, you need to have testamentary capacity. But what does this...
Mutual Wills and Oral Agreements
While Mutual Wills are rare, they do still exist and with blended families become more and more common, they are not likely to disappear any time soon. A Mutual Will Agreement is created between two individuals (usually spouses or domestic partners) when making their...
Life interests v a rights of residence – understanding the difference
Property rights in Australia can be a difficult landscape to navigate and when it comes to estate planning, the terms “life interest” and “right of residency” often surface. While these terms might sound similar concepts, they actually represent different legal...
Probate and Letters of Administration: What’s the difference?
We know that dealing with the task of finalising someone’s affairs can be confronting and challenging and for a lot of people, this is unfamiliar territory and can be a challenging process, compounded by legal terminology that may be unfamiliar. In Victoria, two key...
Understanding the Gift Over Provision in a Will
When creating a Will, one important consideration is ensuring that your assets are distributed according to your wishes, especially if unexpected circumstances arise. When making your Will, you will nominate beneficiaries to inherit your assets upon your death. ...
Understanding the Essentials: What is a Power of Attorney?
A Power of Attorney is a legal document that authorises a person (the attorney) to act on your behalf. Depending on the type of power given, the attorney may be able to make financial, legal, personal and medical decisions for you when you are incapable of doing so....
Understanding the Essentials: What is an executor?
In the administration of a deceased estate, the term ‘executor’ hold significant importance. An executor is a crucial role and is the person authorised and appointed in a Will to administer an estate in accordance with the terms contained in the Will. Often they will...
Understanding the Essentials: What makes a valid Will?
In Victoria the elements of a valid Will are set out in the Wills Act 1997. To ensure that your wishes are honoured after your death, it is crucial that your Will be valid because if it isn’t, your loved ones may incur additionally stress and costs in administering...
Understanding the Essentials: How to revoke your Will
Life is not always smooth sailing and occasionally it throws us a curveball, and suddenly your Will which you put so much time and thought into no longer aligns with your wishes. Maybe you have had a change of heart, a falling out with a family member or assets have...
Paws for thought – Including your pets in your Will
Recently there was an article about a woman in China leaving $4.3 million to her cats and dogs rather than her children because she claimed her children rarely visited her when she was unwell. This article prompted us to think about how with our animal companions...
Is 2024 the year you make a Will?
We are now already over 2 weeks into 2024 and as we all return to work and our holidays become a faint memory, you may have started thinking about your goals for this year. Did you make any resolutions for 2024? Maybe a family holiday, a new home or maybe a new job? ...