I have encountered many people who tell me their house is paid off when it isn’t. It might have a fully offset loan against it, but it is still a...
When making a will you should consider what could happen to your estate if your children die before you. Most people don’t want to consider this...
When preparing a will for a client I had to ask the question ‘what if your wife remarried?’ He started yelling “I will kill the *******, who is...
Most readers would probably say yes, all children should be treated equally, but what if: a) There is a large gap in wealth between them? b)...
Hi All, We’ve been given the bad news that a loved one has the big ‘C’ (the father) and the family is now looking into estate planning. The...
There is no requirement for a person making a will to tell the witnesses that they are witnessing signatures on a will. You can cover each page as...
Under NSW law certain people have a right to inspect the will of a deceased person. (Similar rules apply in other states too). These include -...
Some people see no reason to leave their estate to their adult children, and so want to bypass them to benefit their grandchildren. I have had...
I often see discretionary trust deeds which nominate the next appointor, upon the death of the current appointor, to be the Legal Personal...
are legal fees paid to lodge probate administer an estate (not to fight a dispute) tax deductible? If so on whose tax return? Are legal fees paid...
This is a more detailed version of a previous post first written in May 2016: Legal Tip 131: Legal Tip: Estate Planning Implications of Bucket...
Where there are 2 spouses and children if one of the spouses dies and the other inherits the assets of the deceased this can pose a risk to the...
When making a will you would generally need to consider 3 situations which could play out (most commonly). 1. You die first The reason you...
After an aside with @Terry_w in another thread, we were talking about whether wishes to be buried or cremated were enforceable in Australia. This...
When one spouse dies often the surviving spouse remarries. This will mean any inheritance received by the surviving spouse could be at risk of not...
Children are considered legally ‘disabled’ until they reach the age of 18. They can be appointed as executors under a will, but if the testator...
Company owned assets cannot be gifted by a person’s will. This is because they don’t own the assets, the company does. However, if the person owns...
How a carer inherited an estate - Cuffelinks
I just heard of a person who wanted a clause in the will to say that all the attendees at her funeral were to be given a ticket and then at the...
Without going into all the gory family details, a family member has passed & I'm left as the executor and myself & children are the major...
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