RESOURCES

WILLS & ESTATES

What to know about contesting a Will

What to know about contesting a Will

If you feel as though you have been unfairly left out of a Will or have not received a share you think is adequate, you may be able to contest the Will. When making a Will, people have what is known as “freedom of testation”, which is the freedom to choose to whom...

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What Can We Learn From Diego Maradona?

What Can We Learn From Diego Maradona?

In November 2020, Argentinian football icon, Diego Maradona died at the age of 60 leaving behind at least eight children to six different women, a portfolio of properties, image rights and an amphibious tank.  What can we learn though?  Maradona is reported to have...

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I Am Not Old Enough To Have A Will – Fact Or Fiction?

I Am Not Old Enough To Have A Will – Fact Or Fiction?

Only old people need to have a Will. I am too young to write a Will. Both statements are fiction. There is a common misconception that millennials or Gen-Z’s don’t necessarily need a Will because they are still acquiring assets and don’t have that retirement nest-egg...

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Common Mistakes Made By Executors

Common Mistakes Made By Executors

An executor 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 be referred to as an executor, an executrix or a legal personal representative (also known as “LPR”s). Being an...

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Blended families – what to consider when making a Will

Blended families – what to consider when making a Will

A blended family is when you enter into a new relationship and you and/or your partner are bringing with you children (whether under the age of 18 or older) from a previous relationship.  Because of these family dynamics, the preparation of a Will and an Estate Plan...

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My Loved One Has Died. What Do I Do?

My Loved One Has Died. What Do I Do?

After the death of a loved one, it is important that you take the time to grieve for your loss. This emotional time can be made more stressful for some as there are legal steps that need to be taken during this difficult time.  Finalising someone’s affairs and...

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Estate Planning: The top 3 things you need to know

Estate Planning: The top 3 things you need to know

The idea of estate planning is often sensitive and daunting, which causes a lot of people to put it off for as long as possible. Unfortunately, the reality is that anything could happen to us at any point in time and this could create unnecessary financial mess when...

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Can I include cryptocurrency in my Will?

Can I include cryptocurrency in my Will?

Cryptocurrency such as Bitcoin has been gaining popularity over several years as a common investment for many people.  It is because of this growing interest in digital currency, there is now a need to provide for it in your Will.  As this form of asset is not your...

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Does My Separation Affect My Will?

Does My Separation Affect My Will?

A common misunderstanding that many clients have is that separating from a partner, or the process of a family law property settlement will automatically revoke a Will, when in fact a separation from a partner will only revoke a Will when divorce is finalised.  In...

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Busting Common Myths About Wills

Busting Common Myths About Wills

If you die without having a valid Will, then your assets will be distributed according to the laws of intestacy and could mean that your assets may not go to the people you want them to.  Having a written Will is the only way to guarantee that those who benefit from...

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Powers of Attorney and Financial Abuse of the Elderly

Powers of Attorney and Financial Abuse of the Elderly

A Power of Attorney is a legally binding document which gives another person(s) or trustee organisation the power to act and make decisions on your behalf on matters ranging from financial matters, personal matters or medical treatment. In the unfortunate event that...

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The Good, the Bad and the Ugly of Mutual Wills

The Good, the Bad and the Ugly of Mutual Wills

Mutual Wills are Wills made by two individuals, usually husband and wife, which create a binding contract not to amend or revoke them without the knowledge or consent of the other.  The effect of Mutual Wills is that when one person dies the survivor’s Will is...

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I Am Getting Married! What Does This Mean for My Will?

I Am Getting Married! What Does This Mean for My Will?

What is normally on your to-do list when preparing for a wedding?  Rings, dress, reception, cake and champagne to name a few.  Have you considered though that you should be adding either a review of your Will or making a Will. If you already have a Will, you may not...

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How Do I Find a Will After Someone Dies?

How Do I Find a Will After Someone Dies?

There is no simple answer to this question. There is no single repository of Wills, and a Will does not need to have been registered. It is customary practice for original Wills to be kept by individuals in their safe storage or by lawyers who prepared the Will. A...

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