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WILLS & ESTATES

Your Estate Planning To-Do List (Step 2 – Seeking Advice)

Over our last article and over the coming weeks, we will take you through the 5 steps of our Estate Planning ‘To-Do List’ so that we can ensure that you have considered every aspect that may need to be dealt with as part of the estate planning process. We have...

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Even the Queen had a Will

At the time of her death Queen Elizabeth II is said to have been the wealthiest woman in the world, and left behind an estimated USD$500 million fortune which included property, artwork, jewels and racehorses. We do know that the Queen had a Will however what it...

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What about the car?

As discussed in previous articles, an executor or administrator of an estate has the responsibility to ensure that all assets of the estate are dealt with correctly and this, includes any car or vehicle owned by the deceased as at the date of their death. Ownership...

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Including your pets in your Will

For many of us, our pets are thought as part of our families but, have you considered what will happen if your pet outlives you? In Australia, as crass as it may sound, a pet is classed as property and therefore you can make provisions in your Will as to how your pet...

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Death Certificates – what do you need to know?

Recently the Victorian Probate Office issued a notice advising that from 11 July 2022, there will be two types of Death Certificates issued by Births, Deaths and Marriages Victoria – one being a ‘Death Certificate’ and the other being a ‘Death Certificate – Cause of...

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What is a Deed of Family Arrangement?

A Deed of Family Arrangement is a document used in the administration of an estate to change the way assets are distributed between beneficiaries.  As a result, an estate could be divided in a way which is different to the terms of the Will or where there is no Will,...

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What is a codicil?

A codicil is a legal document which acts as an extension to your Will so that you can make minor changes or adjustments to your Will without having to rewrite the original. When is a codicil used? As mentioned above, codicils are used to make minor changes to a Will. ...

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What is on your EOFY to-do list?

The end of financial year is only a couple of weeks away and while you may be getting together all of your pay slips, bank interest details and share dividend statements together for your accountant, it might be a good time to also create or review your estate plan....

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Social Media And Digital Assets In Estate Planning

A digital asset includes a wide variety of electronic records and files that are stored online, on mobile devices or on personal computers.  Essentially, any digital record that you keep is a digital asset and should be dealt with in your Will. Digital assets can...

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Intermeddling With An Estate

To "intermeddle" (or interfere) in the administration of a deceased estate can include dealing with assets of a deceased person before a Grant of Probate has been received.  Should anyone, other than an executor appointed in a Will transfers, disposes of or otherwise...

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Your burial, ashes and wishes

In our recent article we discussed funeral arrangements and costs and how decisions regarding your funeral will be the responsibility of your legal personal representative, whether that be the executor appointed in your Will or the administrator of the estate (or...

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Funeral arrangements – who has the final say?

After your death, your loved ones have many matters that need to be dealt with, one of which is your funeral arrangements.  Understandably, there can be differing opinions amongst family members as to what arrangements are to be made for your funeral.  So, who does...

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Unclear Or Uncertain Wills

Where a Will is poorly drafted to the point where the Will, or any part of it raises questions on the administration of the estate, it may be up to the Supreme Court (referred to as the Court of Construction) to determine how the Will should be construed. Examples of...

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What Is An Estate Plan?

Many people are reluctant to think about making a Will as death is not a pleasant topic to consider, however making a Will or thinking about your estate is important to complete while you have the time and capacity to do so.  It is important to understand though, that...

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Where Do You Start When Dealing With A Deceased Estate?

If you need to manage the estate of a deceased loved one, it can be an overwhelming and stressful time. Not only are you having to deal with grief over their death, you have the responsibility of ensuring that their wishes are complied with. This can seem quite...

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Informal Wills – What Are They?

Your Will is a legal document which clearly sets out your intentions and wishes on how your estate is to be managed after your death. There are several legislative requirements that must be met in regards to making valid Will and in Victoria, these include: The...

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New Year, New Will?

We have said goodbye to 2021 and welcomed in 2022.  What are the resolutions you have made for this year… .a family holiday, a new home or maybe a new job?  Whatever they may be, we wish you every success in achieving them.  One thing that may be on the list of...

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Why Make a Will?

It is estimated that more than 40% of Australians do not have a Will.  Of those 40%, approximately half know that it is something that they should look into, however procrastination has prevented them from doing so. Your Will is a legal document which provides for how...

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