The Effect of Relationships on Asset Retention
We all have close relationships with others. It is part of our humanity. Our parents, children, ourselves will marry, divorce, live with, separate, spend time with, people who are...
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Banking inactivity can eliminate an estate
In recent news there was a report of a man aged 88 years who died with an estate worth $2.42 million, accumulated from a frugal existence of saving all...
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A Will is NOT “One Size Fits All”
When it comes to something as important as your Will, you need to have a Will that is customised and “tailored to fit” you and your individual circumstances. It’s...
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Remember Brett Whiteley? Great artist but a terrible “would-be-lawyer”
After Brett Whiteley and his former wife, Wendy, finalised their long and bitterly contested family law property settlement, Brett decided to try his hand at a “do-it-yourself Will” in...
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Estate Planning and Enduring Powers of Attorney: what can your attorney really do?
Many Australians operate businesses or hold assets in family discretionary trusts. The trustees of the trust can be individuals or a company. If the trustee is a company, its...
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$732,133.76 reasons why an Executor should obtain the best legal advice
In a Decision of the NSW Supreme Court handed down on 31 January 2013, a Judge has ordered a person who obtained a Grant of Probate of a Will,...
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Estrangement: What does it mean in the law of succession in New South Wales?
Estrangement has been described as “the condition which results from the attitudes or conduct of one or both parties” (Andrews v Andrews NSWSC 115). On some occasions in...
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Company Power of Attorney
Consider this situation… You are the sole shareholder and officer of the company that is your primary business vehicle. You have a Will and it is all up-to-date so...
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Who is included in a gift to your “children” in your Will?
It is common for parents to make provision for their children in their Wills as a group. For example, the Will might be worded: “I give the whole of...
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What if I don’t want my children to receive a share of my estate until they reach a certain age?
This is a particularly complex area of Will drafting. Certain wording can mean your children receive an “expectant share” in your estate when you die, but only take “possession”...
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