Will
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
Looking After Vulnerable Beneficiaries – Protective Trusts
Whilst there are several options for these beneficiaries depending on your circumstances, one of the most common is to include a Protective Trust in your Will. A Protective Trust is basically having someone else look after your adult child’s money on their behalf- this person is called the Trustee. The Trustee receives the money from … Read more
Guardianship of your children
Something a lot of clients seem to struggle with is naming the guardian of their children, a great way to do it would be to make a list of the following: What are your values? What are your children’s critical needs? What are the logistical preferences? Who are the available people? Once you have listed … Read more
Right to Reside v Life Interest
When you own a property or part of a property in your own name, your Will controls what happens to that property. We often see clients wishing to provide a loved one (usually a spouse) with the ability to live in that house, and yet still ensuring that the house ultimately ends up with someone … Read more
When Executors Don’t See Eye to Eye
It is not uncommon for Wills to appoint more than one person as Executors- often adult siblings. And unfortunately, it is also not uncommon for siblings to fight. We see this regularly in estates where the siblings are both Executors but can’t agree or communicate on the running of the estate. So, what happens? Initial … Read more
Jointly Owned Assets & Death
Many people are surprised to learn that assets held jointly with another person usually do not form part of their estate when they pass away. In fact, some surprising things can happen with jointly owned assets which you may not be aware of. Let’s take a look at some of the more common ones. Real … Read more
Overseas Assets and Australian Wills
With such a multicultural population, it is not uncommon for us to meet with clients who have assets in overseas countries, whether that be real estate, bank accounts or superannuation funds. But does their Australian Will cover these assets? The default answer is generally no – unless the foreign country where those assets are held … Read more
The effect of marriage and divorce on a Will
What is the effect of marriage on my Will? In most cases your marriage will revoke your Will, meaning that you would no longer have a valid Will in place once you are married. There are some clauses of your Will that marriage will not revoke, but this usually produces a messy and uncertain result. … Read more
Will Challenge:When to Worry, and What to Do.
You would probably be surprised to learn how often we are asked about whether a particular family member can challenge a Will. In my experience, when clients raise concerns about their family “black sheep” and whether they can challenge, they feel somewhat embarrassed and usually like their family is different. But the reality is that … Read more
Reasons to Update your Will
Already have a Will in place? That’s great! Did you know that there are many life changes that can occur which will result in the need to update your Will? Planning to get married? Just got married? One very important life milestone is marriage. If you have decided to get married since doing your Will … Read more
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