News
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 … Read more
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 … Read more
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 … Read more
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 … Read more
Conveyancing for Selling a Property
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 legal documentation your property may need to ensure a smooth and successful sale. Once the contracts are prepared and your property has sold we are … Read more
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 … Read more
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 … Read more
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 … Read more
Who should I name as my Superannuation beneficiary?
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 your death the trustee of the super fund will make a determination as to who to pay a death benefit to, this determination will be in … Read more
Electronic Witnessing of Wills and Powers of Attorney
Last year was a difficult year for Wills & Estates lawyers. When COVID-19 hit, lawyers had to work from home and could no longer have face-to-face meetings with their clients. A big problem quickly arose, how could our clients sign their Wills in front of two witnesses when they were unable to leave their homes … Read more