News

Making a Will if capacity is in question

It is well known that a Will is a legal document which sets out how a person would like their assets to be distributed once they die. Generally if you are over the age of 18 years, you can make a Will – provided you have the necessary legal capacity to know and...
11 May, 2021

Death and superannuation benefits

It is important to understand the interplay of the laws governing superannuation, tax and succession laws when considering your estate planning. Appreciating how these laws interact can help avoid some common pitfalls in estate planning and may have significant impact...
11 May, 2021

The process of obtaining probate

Probate is a grant made by a Court that ‘proves’ the validity of a Will of a deceased person and vests title to the deceased estate assets in the executor/s. This is the official process that allows the executor to deal with the deceased’s estate. As the legal...
23 March, 2021

Bankruptcy and family law proceedings

Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a family law property settlement. Even partners whose relationship is...
23 March, 2021

Replacing Appointors and Guardians of Discretionary Trusts

An increasing number of individuals, especially those with complex professional and personal affairs, are using discretionary trusts as part of both their day to day wealth management strategies and also as part of their approach to long term planning. Discretionary...
23 February, 2021

Power of Attorney Abuse

A Power of Attorney is a legal document authorising a person to act for you and make binding decisions on your behalf during your lifetime.  A Power of Attorney is usually prepared: to facilitate and complete transactions when you are unavailable to do so, for example...
23 February, 2021

How binding is a Binding Financial Agreement?

A financial agreement is a contract that deals with the division of a couple’s assets after they separate, or in the event that they separate in the future. They may be made before or during a marriage or de-facto relationship, or after it breaks down. Financial...
23 February, 2021

What happens when parenting orders are ignored?

Separating parents should arrange for the future care, welfare and development of their children. These arrangements may be formalised in parenting orders which are endorsed by the Court. Where the parties are unable to agree, the Court can impose orders. In all...
18 January, 2021

Farm succession planning – striking a balance

The diversity of a family farming enterprise combined with the dynamics of the family unit can raise challenging and complex issues. The topic of succession planning is often a highly emotional one. The respective contributions from individuals to the farming...
18 January, 2021