Wills & Estate Planning Articles

With the bill to legalise same sex marriage anticipated to pass parliament before Christmas 2017, the New Year is expected to see a record number of same sex marriage ceremonies. As the wedding industry prepares for a rush to the aisles, what will the changes to the law mean to same sex couples from an… Read more »

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

Executing a Will is an extremely important process.  All too regularly, we see Wills that have been either prepared at home through a “Will-kit”, or prepared by solicitors and witnessed at home, where the Testator (the Willmaker) and witnesses have not observed the proper formalities.  It is usually a surprise to the Executors to find… Read more »

There may be many reasons why a person wants to give away their assets when they know or believe they will soon die. They may never have gotten around to making a Will or won’t get the opportunity to update their current Will. They may want to provide a benefit to someone who has recently… Read more »

In my opinion, there is no more important time to consider your estate planning than when you are part of a blended family, whether that involves a second marriage, or a de facto relationship where one or both of you have your own children, or a first relationship with a partner who has their own… Read more »

I am often asked: “But if I die without a Will, won’t it just go to my family anyway?” This statement is basically true, but it is the manner in which your estate would be distributed and the obstacles to be negotiated in order to make it happen that one should be concerned about. The… Read more »

On 1 July 2015 some long-awaited changes to the rules governing Probate applications in South Australia came into force. The aim was to make the rules simpler, easier to understand and easier to implement. Having worked with the new rules for one year, here are some things to watch out for when preparing to apply… Read more »

Will preparation sometimes brings us in contact with terminally ill people.  Such clients have often been given life expectancy time frames and wish to ‘get their affairs in order’.  Whilst everyone’s circumstances are different there are some ‘essential documents’ that should be put in place to ensure that your wishes both before and after you die… Read more »

The failure of a gift in a Will is called “Ademption”.  For example a willmaker may leave a house in a Will but then sell the house.  The gift in the Will is said to have adeemed or failed. Ademption may also occur as a result of a legal rule, the “doctrine against double portions”…. Read more »

Gifts in Estate Planning

by | Wills & Estate Planning

There are benefits to making gifts during your lifetime as opposed to waiting until your death to pass on your inheritance. However, there are also potential pitfalls if such gifts are not properly considered in light of your estate planning as a whole. Anyone can give another person an inter vivos gift (i.e. given during… Read more »

Superannuation and Estate Planning

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 »

In the case of Mead v Lemon [2015] WASC 71 handed down 26 February 2015 by Master Sanderson in the Western Australian Supreme Court the deceased’s daughter was successful in having her $3 million inheritance increased to $25 million. The deceased’s estate in this matter may have exceeded $1 billion but the amount in dispute was… Read more »

International Wills

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 »

Overview: Undue Influence, Wills Power of Attorney Unconscionable Conduct Non Est Factum Sometimes after an older person dies, it becomes apparent that there has been a transfer of property (or other assets belonging to the vulnerable older person) to another party for nil or less than market value. Family members of the deceased person that… Read more »

One of the main reasons why people make the effort to prepare or update their wills is to make sure that their infant children are taken care of.  The Guardianship of Infants Act 1940 (SA), Section 13 provides each parent of a minor child (under 18 years of age) with the right to appoint a testamentary guardian… Read more »