What happens to my business, company or trust when I die or lose capacity?
Owning a business, company or trust may add additional layers of complexity to estate planning. Ensuring that your business interests are handled smoothly should you die or lose capacity will…
How being in a blended family may affect your estate planning
Families come in all shapes and sizes and your family dynamic can affect how you might consider your estate planning. If you are in a blended family, this blog article…
Should my company have a Power of Attorney?
A common myth we hear is that a person appointed under an Enduring Power of Attorney, can fill in the shoes as director of a company, should that director become…
Challenging a Will on lack of testamentary capacity
As our population ages, it is becoming more common for a Will to be contested for its validity, where there are concerns that the deceased did not have the capacity…
A CGT Event K3 – Do you have a beneficiary in your Will who is a non-resident for tax purposes?
In a post COVID world, we have largely returned to circumstances which may mean that one or some of your loved ones are living overseas and may be a non-resident…
Determining ‘adequate provision’ in family provision applications
Even if a person makes a valid Will, if certain categories of people are not adequately provided for, there is a risks that they may bring a family provision application (FPA)…
Does my spouse automatically inherit everything if I die without a Will?
When planning for the future, many of us prefer to avoid thinking about what might happen after we die. However, planning for the inevitable is crucial, especially when it comes…
Estate planning as a tool to protect against elder abuse
Ahead of World Elder Abuse Awareness Day, on 14 June 2024, we come together with our friends, family and colleagues for important discussions around safeguarding older Australians. Elderly people are…
What is your Superannuation Death Benefit?
Upon the death of a person, if they had superannuation (whether in a self-managed superannuation fund (SMSF) or in an industry fund such as QSuper or Australian Super), the balance…
Enduring Powers of Attorney – who, what, when, why and how?
Many people assume getting a Will in place is the only aspect to consider when getting their estate planning affairs in order. However, do you ever think about what happens…
Family Provision Applications – am I considered a ‘child’ of the deceased?
A ‘family provision application' (FPA) is an application to the Court made by certain eligible person/s who have not been adequately provided for in a Will. In Queensland, a FPA…
5 Benefits of Testamentary Trust Wills
If you are considering revisiting your Will or in the process of preparing your first one, an effective estate planning tool is including testamentary trusts for your beneficiaries. What are…