Informal Wills

Informal Wills

In order to make a valid Will, there are two basic requirements: The Will must be in writing. The Will must be signed in front of two witnesses. The Wills Act 1997 sets out further obligations on how to comply with the above requirements which can be quite technical. There are ways to prove a…

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Transfer of Property on Death

Transfer of Property on Death

Ever wonder what happens to your property when you die? Well, it all depends on how the property was owned during your lifetime. If you currently own property as joint proprietors with another person, this property will go to the surviving proprietor on the death of one.  When this happens, we would complete an Application…

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What happens after Probate?

What happens after Probate?

Once it has been determined that a Grant of Representation is required and it has been obtained, it is now time to deal with the assets of the estate. The first step is for the executors to decide what to do with each asset. Any assets that have been specifically gifted to a beneficiary will…

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What is Probate?

What is Probate?

Simply put, Probate is a court issued document that confirms the Will of the deceased is valid and validates the appointment of the person nominated as Executor in the Will. The Executor will need to obtain a Grant of Probate before they can administer and distribute the estate. The official term for Probate is a…

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Leaving Gifts in Wills

Leaving Gifts in Wills

We often get asked by our clients how they can leave a gift in their Will for their loved ones. The gifting wishes of each client varies; some choose to gift a particular piece of jewellery while others have a long list of items they wish to gift to different people. There are many types…

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Conveyancing for Selling a Property

Conveyancing for Selling a Property

Selling a property can be a daunting task but with the right conveyancer and real estate agent the process should be simple and stress free! What do conveyancers do for a sale? We are here to prepare all legal documentation for the sale of your property starting with the contract of sale and any other…

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Digital Assets

Digital Assets

In our ever growing and changing world, the type of assets we hold at the time of our deaths are also evolving. In addition to real property and personal property we now also have digital property. These can be categorised into two main categories – Digital Records are items that are not strictly the user’s…

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Storing Your Will and Who to Inform of Its Location

Storing Your Will and Who to Inform of Its Location

A question we get asked often is ‘how do our loved ones know to contact Legal Essentials should something happen to us?’. Unfortunately, there is no magic way that they know to. It depends on you as the Will maker to inform your loved ones and specifically the people you have named as Executors in…

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SMSFs & BDBNs

SMSFs & BDBNs

In our last article we wrote about putting in place your binding death benefit nomination (BDBN) in your superannuation. In this article we would like to refer to superannuation held in a Self-Managed Superannuation Fund, an SMSF for short. Same as your industry owned superannuation, you can name a beneficiary to inherit your superannuation under…

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Who should I name as my Superannuation beneficiary?

Who should I name as my Superannuation beneficiary?

As part of our estate planning services, we will talk to you about your superannuation and if you have a binding death benefit nomination in place. Generally, your superannuation does not form part of your estate and is not distributed under your Will. If you do not have a binding death nomination in place upon…

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