In estate planning, attorneys (who are your enduring power of attorney) are important people. If you are appointing joint attorneys, you want to make sure they can make the right decisions about your financial and legal affairs! Enduring Power of Attorney Your...
Wills & Estates
Executors Misbehaving
In estate planning, executors (who uphold your Will) are critical appointments. If you are appointing multiple executors, you want to make sure they get along as they hold the power to get the things done that really need to be done! Your Will Your executor is...
Is Your Text Message A Valid Will
Did you know that an unsent, draft text message could be a valid will? It is not only formal, signed and witnessed documents that can be a will. The Courts will always try to give effect to a "testamentary intention" if they can. There are a wide variety of ways and...
COVID-19 Witnessing Of Documents
The pandemic has raised some real practical difficulties around signing and witnessing legal documents because of strict social distancing rules in place to protect us all. In order to facilitate and decrease the need for face to face contact for the witnessing of...
Making a will in an emergency…some important things to be aware of…
It is always best to have your legal adviser prepare or assist you with your will. Family wealth succession and the financial futures of loved ones are too important to take a short cut. Your adviser can talk to you about your specific circumstances, ask the right...
Estate And Non Estate Assets
Understanding the difference between estate and non-estate assets is one of the necessities behind a good estate plan. It is of vital importance to understand which assets may be bequeathed by a will on death. Such assets are "deceased estate assets" to be managed by...
Guardianship And Enduring Powers Of Attorney Disputes
The Guardianship Division of the NSW Civil & Administrative Tribunal (NCAT) resolves disputes or concerns in respect of an incapacitated person's guardianship or financial matters. NCAT's Guardianship Division exercises a protective jurisdiction under the...
10 situations that ought prompt you to consider updating your Will (or to make one)
THE PHILOSOPHY Your will should never be seen as “set in stone”. It should be seen as a legal document that can be easily updated if and when necessary. Some of the things that might prompt you to consider an updating of your will include: 1. A change to your assets...
Your pet – a vital consideration in your will
A loved pet is as close as family. They can also become an important consideration for your will. There are several options to provide for a pet, in a will: Leave your pet to a friend or relative to care for, usually with a sum of money to assist. (It is important to...
Can an estranged family member challenge my will?
A situation which has been faced by a number of our clients is the breakdown in their relationship with an adult child. At times, the estrangement has reached such a point that the parents no longer wish to provide for the child in their will (or wish to diminish that...
Why every parent should have a will in place
All parents need wills. Most parents would do anything in their power to protect their children and would make great sacrifices to ensure their children grow to become healthy and confident adults. Yet many parents of young or teenage children never get around to...
Who will make decisions for you when you can’t?
Our population is ageing. The life expectancy for men is 84 and for women, 87. It is not uncommon for people to suffer from years of ill health particularly in their advanced years. Irrespective of age or whether you are currently in good health it is important that...
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