Wills, Probate & Estates Articles

Financial Decisions That Will Make You Think Twice

Both men and women who have recently retreated or have been forcibly ejected from a relationship are generally not in the best state of mind to make sound financial decisions.
It might be useful to set out a sort of checklist, incorporating the fundamental principles that at least ought to be considered in these circumstances.

Coronavirus Affecting Australia’s Economy

Exports to China make up 38% of the Australian export market, and the virus has reduced the demand for many goods and services. A potentially positive outcome for the Australian consumers is that we could see lower petrol prices as a result of the Coronavirus.

Tax Management for Beneficiaries of a Deceased Estate

There are potential income tax implications if a beneficiary receives an income from their inheritance.
Tax management for beneficiaries of a deceased estate is an important consideration in estate planning. If a beneficiary sells property or shares received through the estate, they may be subject to capital gains tax (CGT).

What there is to know about Power of Attorney

Powers of Attorney allow people of your choice to make decisions on your behalf, and hopefully, in your best interests. It is probably stating the obvious to suggest that you should think carefully about who you wish to entrust with your life and/or financial well-being.

A Guarantor is a fool with a pen

There are some legal niceties as to the respective liability and obligations between the partners and limitations on debts being incurred on the ordinary course of the partnership. However, the responsibility you can face on behalf of your partner can put all of your personal assets in jeopardy.
You need to consider either changing your structure or at least holding your assets in another legal entity. A trust is an excellent option, but there are a number of others such as a company which may be appropriate, depending on your circumstances.

Got Super? Read this!

Many people do not know that super does not automatically form part of a person’s estate and subsequently, the distribution of the assets held by the fund is not governed by their will.

It is essential to plan for what happens to your superannuation death benefit and to ensure you have a binding death nomination in place with the trustee of your super fund. This will ensure that your assets are distributed in accordance with your wishes.

Your Will, Your Way.

A view which most solicitors with experience in Will making share, is that no Will is better than a bad Will. We have all seen Wills made by people trying to save a dollar by getting a form from a newsagent or simply scribbling a few words on a piece of paper.
In the making of your Will, you have a unique opportunity to pour oil on troubled waters. By thoughtful distribution of items of family or emotional significance past grievances may be minimised, and perhaps such actions may even help to create an understanding that you were unable to achieve in your lifetime.
Seek professional advice to ensure that your Will actually reflects your wishes.

Is there a need for a Will?

I would like to acquaint you with a few issues relating to the need for a Will.
Wills are not only for those in fear of an imminent demise or those in wedded bliss – or otherwise. They are equally important for singles, and particularly important for those who have just exited a relationship, or are about to contemplate a new relationship, or even serial relationships.
An existing Will becomes void on marriage and a Will made in marriage is not automatically revoked on separation or divorce.

Challenging a Will in Victoria

Strict time limits are imposed on potential applicants making an application to the Court seeking further and better provision from an estate. An application must be made within six months of the executor obtaining a Grant of Probate, or in circumstances that there was no Will left by the deceased, six months after the Administrator of an estate has obtained Letters of Administration.

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