As Australia’s population ages, in the years to come, there will be increasing attention on the needs and issues facing older Australians. Sadly, one of these issues is the potential for elder abuse. Recent research says that one in six … Read More
Creating an estate plan allows you to plan your future, specifying what should happen to your financial affairs and assets on your death. Among other things, an estate plan gives you peace of mind as you go about your life, … Read More
What is a Family Constitution? A family constitution is an aspirational document that can evolve over time. While not a contractual document here in Australia, a family constitution is a set of guiding principles for how to manage and enhance … Read More
What is a Power of Attorney and an Enduring Power of Attorney? A Power of Attorney is a legal document by which you can appoint another person or multiple people (referred to as ‘attorney/s’) to make decisions for you or … Read More
What is a Testamentary Trust? A testamentary trust is a discretionary trust set up by a Will. Creating a testamentary trust in your Will can have significant advantages for your beneficiaries instead of giving them an outright gift in a … Read More
What is intestacy? Intestacy is the term used to describe the circumstances in which a person dies without leaving a valid Will. It will usually arise in one of two scenarios. Firstly, where a person dies without making a Will … Read More
The role and responsibilities of an Executor can involve considerable time and effort. As the person responsible for the administration of the estate, the role can be significant and, for that reason, sometimes people include provisions in their Will for … Read More
Leaving a valid will is the only way to be sure about who will receive your wealth following your death. If you pass away without a will, your assets will be distributed according to a formula set by law. The … Read More
The appointment of attorneys pursuant to an Enduring Power of Attorney is an important part of a clients planning and goes hand in glove with other aspects of estate planning. There are good reasons for appointing someone to make decisions … Read More
The prospect of having a large tax assessment in respect of an individual’s member benefit in a self-managed superannuation fund is becoming much more relevant in the context of estate planning as a result of: The increased level of … Read More
If you have lost a loved one you may have heard the term Grant of Probate, especially if you are named as an Executor in the Will. A Grant of Probate is needed as part of the process involved in … Read More
More than 1.4 million owners employing upwards of 7.9 million people and contributing almost $500 billion in GDP will retire in the next decade. With family-owned businesses accounting for around 70 percent of businesses in Australia, it is important that … Read More
When a person dies, the first question people generally ask is, ‘What do I have to do?’ As an experienced wills and estates lawyer, I often say what must be done after a person has died, depends on the answer to … Read More
Regardless of whether you are an executor of an estate, you have been left out of an estate, or you are a beneficiary having problems with an executor, the decision you make in choosing a lawyer to assist you is … Read More
Most of us would have heard at least one horror story about a will dispute. Some of us have even gone through it before and will know that these types of disputes can get ugly and at times even break … Read More
JOIN OUR TEAM: We have two roles currently available at DDCS Lawyers. We are seeking a Wills and Estate Lawyer (3-5 years PAE) and a Paralegal/Legal Assistant to join our Canberra based firm. Our award winning team of specialists provides … Read More
As estate lawyers, we often have clients come in to make a Will and they have not heard of testamentary trusts. Or if they have heard of them, they assume they are overly complicated or just for those that have … Read More
Losing a family member will be trying at the best of times, but when there is a dispute over the will things can quickly become quite messy. It is ideal to try to resolve estate disputes without going to Court … Read More
If you are reading this article, chances are you or someone you know, has a lot on their plate right now. You are likely to be the person coordinating and communicating with other family members, you’re likely to be fielding … Read More
In the ACT and NSW, you are free to make a Will and leave your estate to whomever you choose. However, this freedom is curtailed by the existence of Family Provision legislation which imposes an obligation on the willmaker to … Read More
Can the drafting and signing of wills, powers of attorney and Court cases proceed during this pandemic? The answer in short is yes, albeit with significant changes in processes and protocols. We have seen a surge in enquiries for wills … Read More
For many Australians, superannuation is the largest component of their wealth when they die, particularly if insurance is held within the fund. Since superannuation was designed to provide for your retirement and your dependants after your death, it is often … Read More
Imagine discovering that you do not have control about who your superannuation will go to upon your passing, even though you have documented your wishes in a will. A nasty surprise and it is occurring more than you might think. … Read More
The death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice. Most of the … Read More
Dying without a Will can lead to unexpected results, especially for the family of a person who has recently gone through family law proceedings. Media reports recently shared the story of a young man who died unexpectedly at the age … Read More
I am regularly asked about whether an official “reading of the Will” needs to take place after someone has died. You have probably seen American movies where the family gathers after the death of a relative in an oak-panelled office … Read More
On 14 May 2014, the ACT Legislative Assembly amended the Family Provision Act 1969 to reduce the time for making a family provision claim from 12 months to 6 months after the grant of representation. This means that eligible applicants … Read More
The Minister for Education, Christopher Pyne, recently caused a media stir by floating the idea that the government should recover HECS debts from students who have died. Tony Abbott quickly announced that he would not be making any changes to … Read More
A statement in a Will excluding particular persons may be ineffective if the estate is distributed on intestacy. The ACT Supreme Court recently handed down a decision in the Estate of McMullen [2014] ACTSC 53. The testator had made a … Read More
I am currently at the stage of life where I seem to spend every second weekend attending a baby shower. Planning for the arrival of a baby is a busy time and most first time mothers have long lists of … Read More
The importance of having a will cannot be understated. For those people who go to the effort of making a will, it is crucial that they go the extra step of ensuring that their will complies with all the formal … Read More
A number of same sex couples recently celebrated their marriage under the Marriage Equality (Same Sex) Act 2013 (ACT). The new legislation also has an impact on succession law. The Wills Act 1968 (ACT) states that a Will is automatically … Read More
The death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice. Most of the … Read More
Family provision is a growing area of law and high profile estate disputes are increasingly being reported in mainstream media. There are many reasons why you may not want another person to receive anything from your estate when you die … Read More
On 21 July 2012, 21 year old Ben Catanzariti was killed in a workplace accident on a construction site in Kingston. One year on, Ben’s parents have remembered his death with a memorial and by launching a campaign to raise … Read More
Moving in with a family member can have many benefits for an elderly person seeking companionship or extra help with daily activities; however, without the proper planning, these arrangements can cause significant heartache for all involved.
When people go through a separation/divorce, they are often preoccupied with dealing with the division of their current assets and do not focus on future asset protection/estate planning. This can cause future distress, not only for the individual person but … Read More