What happens if I don’t have an Enduring Power Of Attorney?
Powers of Attorney are an important legal document that I encourage all of my clients to make. By simply having a valid power of attorney in place will help to…
Contesting a Will – Family Provision Applications
One of the most common ways for a Will or deceased estate to be contested is through a Family Provision Application. It is therefore important for anyone making a Will…
Cultural and religious considerations when making a Will
I have read with interest the matter of Omari v Omari. Mrs Omari passed away in 2009. One of her children challenged the validity of Mrs Omari’s Will on the…
Do you have the capacity to make a Will?
I have recently come across families wanting to make wills for their elderly mother or father. Whilst this is achievable, it must be done to minimise any risk of a…
What is a Testamentary Trust Will and why should I have one?
What is a Testamentary Trust Will? A “Testamentary Trust Will” effectively creates a Testamentary Trust within your Will. For those who have a family trust, the concept is quite similar…
Mutual Wills and Blended Families
Mutual Wills date back to the 18th Century and have long been considered a good estate planning mechanism for couples who want to reach an agreement that effectively provides neither…
Informal Wills
What are Informal Wills? Informal Wills are a Will that does not conform to the formal requirements of the relevant estate law. For example, it may have been incorrectly signed…
Using your Will to help a bankrupt friend or relative
Did you know that if you leave money in your Will to a beneficiary who is an undischarged bankrupt, then that beneficiary’s entitlement could end up going to their creditors?…
Borrowing through your Super Fund – The Practical Side
OK, so you have a self-managed super fund (SMSF) and are comfortable using the cash in it to leverage into a loan to buy property. You know that the super…
Should Reserve Beneficiaries be listed in a Will?
When people prepare a Will, they sometimes may not consider what will happen to their Estate if all of the beneficiaries listed in the Will are no longer alive to…
Estranged Children Seeking a Fairer Portion of a Small Estate
Given the ever changing nature of the family unit, there are increasing numbers of children who, for various reasons, have lost contact with their parents. For children in this situation…
Double Payments To Children Before Death, And Under A Will
Many parents, prior to their death, provide gifts to their children to avoid any disputes under a Will. However, if the Will also provides for another gift of the same…