Common misconceptions about estate planning
An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of numerous matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article we look...
Windfalls and family law property settlements
The steps involved in determining how property is divided after the breakdown of a relationship generally include: identifying the assets, liabilities and financial resources of the parties; assessing the parties' financial and non-financial contributions to those...
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...
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...
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...
Minimising directors’ liability – deeds of indemnity, access and insurance
Company directors hold and must be mindful of many responsibilities and obligations when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may...
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...
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...
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...
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...