Estate planning and administraton Archives

When there’s (nearly) a Will, there’s a way

23 June 2021

What happens if someone dies without a will, but a document exists which seems to express the deceased’s intentions? This article explores options to ensure the deceased’s wishes are fulfilled, notwithstanding the absence of a formal will.

Happily ever after…but is your will valid?

29 April 2021

When planning a wedding there are so many things to consider – the cake, the dress, the guest list, your wills… Now that last one is not something that you would see in most wedding planner lists but it is very important.

Residential Care Subsidy – will your gifting mean you’re not eligible?

23 March 2021

This article explores the residential care subsidy and the effect any gifting might have on your eligibility.

Did they have all of their wits when they made their will?

2 October 2020

A deceased person’s will can be challenged for a number of different reasons. In this article, we look briefly at challenges to a will based on the grounds that the will maker did not have testamentary capacity at the time they made their will.

The importance of enduring powers of attorney

7 May 2020

Enduring powers of attorney are an important step in ensuring your personal affairs are in order. Having signed documents in place gives you and your family certainty as to who will look after you and your assets if you cannot. This article discusses the importance of signing enduring powers of attorney and what happens if a person becomes mentally incapable without them.

The Impact of Marriage or Civil Union on Wills

5 May 2020

Getting married or entering into a civil union may have the unintended consequence of revoking a will, while the end of a marriage or civil union may prevent a former spouse or partner from being able to act as an executor of or receive a benefit from a deceased estate. The age at which a person is able to make a will depends upon whether or not the will-maker is or has been married or in a civil union.

What’s in a Death Certificate?

23 August 2019

A death certificate forms part of the national register of the population of the country and is also an important family record. This article looks at the information needed to produce a complete and accurate death certificate.

Think carefully before cutting a child out of your will

2 May 2019

If you are considering excluding a child from your will, you need to be aware of potential claims that child may have against your estate. This article provides a brief summary of the rights children have under the Family Protection Act to challenge their parent’s wills.

Have you thought about making a ‘living will’?

1 June 2018

If you ended up in a situation where you were in the final stages of a terminal illness, or in a vegetative state where recovery was an unrealistic prospect, what could you have done to make your wishes for your health care known in advance?

What is the role of an attorney appointed under an enduring power of attorney?

22 June 2017

When a person appoints an attorney under an enduring power of attorney (“EPA”), the person appointing the attorney must be advised by a lawyer or registered legal executive on the terms and implications of the power of attorney document.There is no requirement for the attorney to receive such advice before he or she signs the power of attorney document.However, it is important that an attorney knows and understands what he or she is taking on when agreeing to be appointed an attorney under an EPA.

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