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...
What can go wrong if I do not formalise my property settlement in Australia?
My wife and I split our assets after we separated. We didn’t need lawyers we just agreed. We hear that often. Whilst it may seem simple enough and may save on legal costs to not get the lawyers involved- not formalising things properly can come back to bite you later....
Retirement Village Agreement- To Get Reviewed or Not?
You have made the decision. You are going to enter into a retirement village. The nice people at the Village have given you an agreement to look at together with a bundle of other documents. The documents suggest getting them reviewed by your solicitor. Should you...
Binding Financial Agreements to protect family assets
We have talked previously about how the “Bank of Mum and Dad” is an increasing necessity in Australia for parents to enable their children to enter the property market. There is a risk however when parents advance a large amount of their family wealth to their...
Problems with the “Bank of Mum and Dad”
We have written before about the “Bank of Mum and Dad” which is a colloquial expression referring to parents (or grandparents) providing financial support to adult children, often to help them to make a start to get on to the property ladder. Such support can come in...
What’s New in Succession Law in South Australia?
Often people making wills ask if they can leave particular people out? Those queries regularly relate to former spouses and step-children. The law currently provides for certain eligible persons to make a claim for provision, or further provision, from a deceased...
Choosing the right executor for your Will
Choosing the right executor for your will is a crucial decision that can significantly impact the smooth administration of your estate and the well-being of your loved ones. The administration of a deceased estate is usually a complex and emotionally charged process....