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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
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
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
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
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
Aged Care, Granny Flats & Estate Planning
If you or a parent are entering Aged Care, it can be overwhelming. Quite apart from the emotional upheaval, the financial implications can be complex, and good quality financial advice is a must. But equally important is making sure you review your estate planning at the same time. You need to make sure your Will … Read more