Will
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
Advance Care Directive – Part 1
We often mention Appointment of Medical Treatment Decision Maker documents in our Estate Planning discussions. The Appointment of Medical Treatment Decision Maker (AMTDM) is the document under which you can appoint a person to make medical decisions on your behalf when you no longer have the capacity to make those decisions on your own. An … 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
What happens if you die without a Will? Intestacy Laws in Victoria
Should a person die without a valid Will an “intestacy” arises. This means that the deceased’s estate would be distributed as per rules set out in legislation. Some of the downfalls of intestacy include not having control over who benefits from your estate, who administers your estate or who is appointed the guardian of your … Read more
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