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...
The conservatorship of Britney Spears – a tale of financial and personal control
US singer and entertainer Britney Spears has been in the news recently in regard to the management of her business and personal affairs, which have been in the hands of her father, Jamie Spears and lawyer, Andrew Wallet. Mr Spears and Mr Wallet had been Britney’s...
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...
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...
Advanced Health Care Directives – What are they and when are they necessary?
An Advanced Health Care Directive is an important part of an Estate Plan as it is a document which explains what type of medical care you wish to receive should you be incapable of understanding or making medical decision on your own behalf. These can also be known...
“The world is laughing at you for your stupidity” – The Destruction of Inheritance
“You were laughing while you destroyed your, and your sister’s, inheritance. Now, the world is laughing at you for your stupidity”….this is a comment made by County Court Judge Michael Cahill when sentencing two brothers for charges of theft and criminal damage after...
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...
Single Parent? What Do You Need To Do To Protect Your Assets And Family In Your Will
The Australian Bureau of Statistics reported that in June 2020 there were 7.2 million families in Australia. Of these 1 million (14.2%) were 'one-parent' families. With over 64% of the one-parent families having children under the age of 18 years, there is a growing...
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...
How A Well Drafted Will Or Estate Plan Could Save Your Family From A Bitter Argument
The time when many families are at their least unified and most fractured is often not at the death of a valued family member, but in the division of their estate. We have recently seen reports of cases where very wealthy individuals attempt to arrange their affairs...
Choosing The Right Guardian For Your Children – Something To Think About When Making Your Will
Making a decision about who would look after your children and raise them in the event of your death is not an easy decision to make, but if you have children, updating your Will to provide for this possibility is a must. Why is appointing a guardian sensible? You may...
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...
Did I Just Give My Child A Gift, A Loan Or Early Inheritance?
It is not uncommon these days to hear about parents offering their children a bit of cash to help out during hard times. However, it may be necessary to think about what potential problems this generous offer may cause in the future. When providing financial...
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...
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...
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...
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...
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...
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...
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...
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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