Using Adoption as an Asset Protection Strategy – A novel USA case
Two weeks ago, John Goodman was found guilty of DUI, manslaughter and vehicular homicide in the USA. The charges related to an incident that occurred on 10 February 2010 when…
One Very Big Estate Dispute
I have been following with interest the news reports over the family dispute between Gina Rinehart and three of her children, in relation to a dispute over a trust formed…
Blood Relatives and Stepchildren
I read with interest a recent article in the Australian Newspaper in relation to a Victorian Supreme Court decision where a stepdaughter was awarded a large payment by the Court…
Abuse of Enduring Powers of Attorney
I am receiving increasing interest and enquiry from clients about abuse, or perceived abuse, of an Enduring Power of Attorney. Often I am approached by one family member who is…
De facto Relationships in Succession Law
I often get queried by clients as to what amounts to a “de facto spouse” in the context of claims being made against an Estate. It is very important to…
Blended Families and Mutual Wills
I recently spoke at an educational seminar run by the Institute of Public Accountants. An interesting discussion evolved about estate planning for blended families and what controls can be implemented…
Who gets my password when I die?
A question that will undoubtedly be asked more and more frequently in the preparation of estate planning documents is what will happen to the online identity of a person when…
Binding Death Benefit Nominations For Superannuation
I was recently involved in a dispute regarding the payment of a Deceased member’s death benefit from a superannuation fund. It highlighted to me the importance of considering your Superannuation…
Electronic Will – The Importance Of Signing Your Will
Is an Electronic Will a Will? I recently read an interesting case from the Supreme Court of Queensland called Mahlo v Hehir. In that case the Deceased had typed on…
Key Personal Capital Insurance and Capital Gains Tax
I recently was invited to speak at the Business and Estate Planning Specialists annual conference in Cairns. One issue raised, was whether there was any way to limit exposure to Capital…
Challenging a Will and Claiming against an Estate
I recently had a meeting with Trevor Benson from InfocusMoney Management. Trevor asked me a question on behalf of a client of his about making a claim against an Estate of…
Binding Financial Agreements and Family Provision Claims
The last thing anybody wants is to leave valuable possessions to particular people only to have somebody else go to court to stake a claim on the estate. When you…