Cremation and organ donation… does your family know your wishes?
One of the first things an executor must do after a person dies is to make arrangements for the funeral, burial or cremation of the deceased person's body.
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Court Authorised Wills
Since 1 March 2008 the Supreme Court has been authorised by sections 18 to 26 inclusive of the Succession Act 2006 to make a will for a person who lacks...
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The Effect of Relationships on Asset Retention
When we marry, are in a de-facto relationship, or other domestic relationship, including a same sex relationship, those relationships impact on what happens to our assets when we separate or...
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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 spare...
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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 often...
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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 order...
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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 directors...
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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. Such a gift is known as a “class gift”.... find out more by...
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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” of...
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Unsigned Wills – When Intention is Everything
Generally, for a Will to be valid it needs to be signed by a Willmaker (testator) in the presence of two witnesses, who should also sign at the same time....
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