Will
Empowering Your Future: Understanding Enduring Powers of Attorney
Enduring Power of Attorney (EPA) In the journey of life, we encounter various uncertainties and challenges. It’s essential to plan for the future, not only for our well-being but also to ensure that our wishes are respected and upheld, especially when unforeseen circumstances arise. One powerful tool for such planning is the Enduring Power of … Read more
Who Can Witness Your Documents
A question we get asked a lot is ‘who can witness my estate planning documents?’ In this post we aim to outline in clear terms who can witness your documents. Wills For your Will to be valid, it needs to be signed in front of two (2) witnesses. These witnesses need to be over … Read more
Where Is Your Original Will
It is important to know where you have stored your original documents, including your Powers of Attorney, Wills and even Certificates of Title. It is also important to let your close family members and Executors know where such documents are kept, they do not need to know the contents of the documents but should know … Read more
Who Is Allowed Copies Of Your Will
When a person has died, you would be forgiven for thinking there is a round table ‘reading of the Will’ as is often seen in movies. This is not the case. When a loved one has died, it is up to the Executors to contact the lawyers and obtain a copy of the Will and … Read more
Gifting To Charities In Your Will
It is quite common for individuals to gift an amount from their estate, or even a percentage of their estate to a charity of their choice. When including a charity as a beneficiary in your Will, it is very important to get the wording right to ensure the gift is successful on your death. When … Read more
Top 5 reasons your Legal Will Kit might cause problems
Let’s face it – most of us are time poor, and most of us are reluctant to spend extra money where it seems like there is a less expensive alternative. Preparing your own Will from a Will Kit seems to address both of these – easy to do at home, and a lot less money … Read more
Duties of an Executor
The Executor of your Will is the person appointed by you who becomes responsible for carrying out the terms of your Will and your wishes. Choosing who to appoint as your Executor is not an easy task. The duties of an Executor can be time-consuming and at times confusing. This is especially true for family … Read more
What is a Discretionary Testamentary Trust (DTT)?
In essence, a DTT is a structure that can be put in your Will that can save your beneficiaries from paying unnecessary tax, and may offer other protections to your beneficiaries as well. Under a Will with no DTT, everything passes directly to your beneficiary – let’s say your spouse. In simplistic terms, your spouse … Read more
Foreign Beneficiaries and the FIRB
There used to be an exemption for property acquired under a Will. That changed in January 2021 when that exemption was removed. A beneficiary of Australian property under a Will who is not ordinarily resident in Australia (which includes both foreign citizens and Australian citizens residing overseas) is now required to obtain approval from the … Read more
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