Who really controls the family Trust?
That’s easy isn’t it- the trustee? But what about the other roles? An appointor (sometimes called a principal, protector, or guardian depending on the terms of the relevant trust deed) is a key role in many discretionary trusts. The appointor is the person or entity...
What will a testamentary trust protect?
A testamentary trust is simply a trust established in a will. Such a trust can offer strong protection for your beneficiaries’ inheritance, but how much protection it provides depends on how the trust is structured. A testamentary trust only comes into effect after...
What if I am a company director and I die or lose mental capacity?
Your personal power of attorney probably will not cut it. The role of a director is a personal office not easily delegated by a director to another. A Company Power of Attorney (POA) however is a legal instrument that enables a company to authorise a person or another...
Will my Power of Attorney be Recognised in Other States?
An issue can sometimes arise where an attorney seeks to enter into transactions in a jurisdiction outside of where the power of attorney was originally made. An Enduring Power of Attorney (EPOA) made in one Australian state or territory is generally recognised in...
What are the Latest Changes to the Family Law Act and how will they Affect Me?
Effective 10 June 2025, significant reforms to Australia's Family Law Act 1975 will come into effect, following the passage of the Family Law Amendment Act 2024. These changes aim to enhance fairness, safety, and clarity in resolving family law matters, particularly...
Will the Proposed Changes to Superannuation Taxation Affect Me?
Many readers will have heard about the proposed changes to superannuation taxation that the government plans to introduce. As of 1 July 2025, the Australian government plans to implement Division 296, introducing a significant change to superannuation taxation for...
How do my former spouse and I split superannuation for family law purposes?
Splitting superannuation for family law purposes in Australia involves a legal process that allows separating couples to divide their superannuation entitlements as part of property settlement between them. This process is governed by the Family Law Act 1975 (Cth) and...
Will my Australian Will work for my assets overseas?
Many people have a connection to overseas jurisdictions. That can be through birth overseas or holding assets in other jurisdictions. It might even be through being a beneficiary of a foreign trust. A will made in Australia can be valid overseas, but its effectiveness...
Can I authorise Voluntary assisted dying in my Advance Care Directive?
It is one of the more common questions that we are asked. In South Australia, voluntary assisted dying or euthanasia is governed by the Voluntary Assisted Dying Act 2021, which came into effect on 31 January 2023. This legislation reflects laws already in place in...
We cannot find our family trust deed- Does it matter?
Unfortunately yes it can. Losing the deed of a family trust can lead to significant legal and operational challenges, as the trust deed is the foundational document that governs the trust's operations, specifies its beneficiaries, and sets out the trustee’s rights and...