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
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
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
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
There are often many questions people have about Enduring Powers of Attorney including what they are, why they are needed and which documents are required. Deciding who will be your Enduring Power of Attorney is an important decision, so we … Read More
When people take the step to make their will and/or estate plan, they don’t always get it right. In this article, I explore some of the more common errors that can lead to unintended or even catastrophic outcomes, such as … Read More
What would happen to your assets, family and loved ones if you were to lose your mental capacity or pass away? If you are considering this question, chances are, you should consider estate planning. You might think that because you … 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
When someone comes to a lawyer to make a will, it is important that we ensure that the will-maker has the mental capacity to make their will. The mental capacity that the will-maker must have is called ‘testamentary capacity’. We … 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
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
A will is a legal document that is intended to clearly set out a person’s wishes after they die. Among other things, a will may determine how your assets will be divided, appoint executors to administer your estate, name a … Read More
The recent amendments to the Marriage Act, that came into effect as of 9 December 2017, may have inadvertently revoked your Will. For couples in the ACT, getting married automatically revokes any Will you have in place before marriage – … Read More
Winter is coming and so are changes to the superannuation system, starting on 1 July 2017. One of the major changes is to limit the amount of super that a person can have in a tax free pension environment. In … Read More
By Phil Davey A recent decision of Justice Brereton in Lodin v Lodin: Estate of Dr Mohammad Masoud Lodin throws light on the circumstances in which a former spouse can make a claim against an estate by way of a … Read More
[template id=”755″] By Rehana Richard Significant changes to the Power of Attorney Act 2006 (ACT) came into effect on 1 September 2016. Whether you have an existing Enduring Power of Attorney or are thinking of making an Enduring Power of … Read More
As seen in the October 2015 edition of B2B Magazine I’m not particularly handy when it comes to home maintenance,but there’s one thing I have learnt from the plethora of home renovation shows – when DIY projects go wrong, they go … Read More
One of the best parts of my job is that I get to spend time talking to people about their travel plans. As winter settles on Canberra, many of my clients will soon be heading away in search of warmer … Read More
High Court decisions regarding wills and estates matters are relatively few and far between, so it is always of interest when a matter is considered by the High Court. The High Court recently handed down the decision of Badenach v … Read More
By Rehana Richard When we think of our personal relationships, Wills are probably not the first thing that come to mind. That’s completely understandable, I get it! However the status of your relationship can have a serious impact on your … Read More
Many Australians are turning to assisted reproduction technologies to conceive but have they considered what will happen to any stored genetic material in the event of their death? This question was considered by the ACT Supreme Court in a recent … 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
The Court of Appeal in WA has confirmed how important it is to consider superannuation when you do your will and your will if you do a binding death nomination in relation to your superannuation. Neither should be done in … 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
Wilcox v Wilcox involved a claim by two grandsons against their grandfather’s will. The grandfather’s estate was worth around $5.5 million and was left mostly to his only daughter who was the mother of his two grandsons. Justice Pembroke, after … 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
A recent New South Wales Supreme Court judgment shows just how costly a failed family provision claim can be. Friend v Brian & Anor [2014] NSWSC 613 involved a claim by an adult daughter against her father’s will. Her father’s … 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
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
This week the Daily Telegraph, commenting on a survey undertaken by Suncorp, reported that of Australia’s 84,000 divorces, 86% failed to include the parties’ superannuation interests in the division of assets. Given the statistics regarding women already suffering from a … 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
Too often we see the headlines Estate Planning DIY Disaster. Its most recent appearance graced the pages of the Self-Managed Super Fund Advisor on July 9. It read “DIY Estate Planning disasters increasing”. Unfortunately, it is true. Many people do … Read More
Writing a will is vital, and in response to David Wilson’s June article in the Canberra Times, I’ll have to agree with him there. But that’s it. There’s value in seeking professional help when it comes to drafting your Will … 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 last did you review your will, insurance or superannuation fund? The reality is many do not think twice about these important issues after a separation or divorce. Dobinson Davey Clifford Simpson recommends you do so, especially if you no … Read More
Court proceedings can be lengthy. While waiting for the final outcome, money and property may be tied up when you need it most. What can be done? It is possible to apply to the Court during property settlement proceedings for … Read More
Common questions about wills after a separation. Should I review my will when we separate? Yes, you should consider making a new will as soon as possible after you separate to ensure your estate passes in accordance with your wishes. … Read More
When people separate or divorce, they’re often preoccupied with the division of their current assets—they forget about estate planning and protecting their future assets. Here, we discuss the importance of wills.
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