Legal Articles
Superannuation and Estate Planning
March 2nd, 2015 by | Wills & Estate Planning
It is often said that superannuation is an asset generally dealt with separately from your Will and the rest of your Estate. It doesn’t have to be and, depending on the situation, a carefully considered distribution of superannuation is often integral to good estate planning (and reducing the tax impost on your beneficiaries). In many… Read more »
International Wills
December 3rd, 2014 by | Wills & Estate Planning
A Will is a document that sets out what should happen to your assets when you die. In today’s world it is increasingly common for individuals to own assets in more than one country due to immigration, travel or temporary relocation. This can cause complications when it comes to proving the validity of a Will,… Read more »
Storage of Last Will in South Australia
October 21st, 2014 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
Often I am asked what happens to a Will once it has been executed. Many people have an expectation that there is some central storage area or register of Wills. In fact this is not the case and the storage of a Will is entirely in the hands of the willmaker. So well may you… Read more »
Probate on Lost Will
September 7th, 2013 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
A Grant of Probate from the Supreme Court will generally be required for an executor to deal with the assets of a deceased. Obtaining a Grant involves proving that the last Will of the deceased is valid by producing it to the Court. Where a person dies without leaving a Will, then a Grant of… Read more »
Will Your Same-Sex Marriage Invalidate Your Will?
July 1st, 2013 by | Wills & Estate Planning
In recent years and even months, more and more jurisdictions around the world have been legislating to legalise same-sex marriage. It seems that Australia won’t be following suit in the near future. For this reason it has become attractive for same-sex couples to travel overseas to be married. The question therefore arises as to the… Read more »
Died Without a Will? What Now?
June 21st, 2013 by | Deceased Estates & Inheritance Claims
The legal term for dying without a Will is “dying intestate”. If a family member or partner has died without a Will, intestacy can significantly add to a family’s burden. It also often leads to additional confusion as to what needs to be done and who is able to do it. There is also a… Read more »
Living Wills – Anticipatory Directions and Enduring Powers
June 16th, 2013 by | Wills & Estate Planning
The term “Living Will” can be misleading. What many people don’t realise is that a Will, specifically your “Last Will and Testament”, only has effect upon your death. You cannot use your Will to make directions about what should happen when you are ill or unable to take of yourself, for example. When people refer… Read more »
Enduring Power of Attorney and Enduring Power of Guardianship – Do I Need Both?
May 21st, 2013 by | Wills & Estate Planning
I am often asked the difference between an Enduring Power of Attorney and an Enduring Power of Guardianship*. Many people assume that when they appoint an attorney, that person assumes the role of decision maker in all aspects of their lives. But this is not correct, as the roles of Attorney and Guardian* are separate… Read more »
Things to Keep in Mind When Making a Will
August 23rd, 2012 by | Wills & Estate Planning
Making a will is just one aspect of good estate planning. Of course you should also consider whether testamentary trust provisions would be appropriate and the benefits of an Enduring Power of Attorney and Enduring Power of Guardianship*. There are, however, a few other things your lawyer should be talking to you about … Jointly… Read more »
