Informal Wills

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…

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Leaving Gifts in Wills

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…

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Digital Assets

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…

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Electronic Witnessing of Wills and Powers of Attorney

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…

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Looking After Vulnerable Beneficiaries – Protective Trusts

Looking After Vulnerable Beneficiaries- Protective Trusts

Many clients come to us with questions about how to look after someone with particular needs after their death. This could be an adult child with a disability or an adult child whom you are concerned will simply waste their inheritance. Whilst there are several options for these beneficiaries depending on your circumstances, one of…

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Guardianship of your children

Guardianship of your children

A guardianship clause in your Will is your opportunity to nominate who will look after and care for your children when you die. The guardianship clause in your Will is an indication of your wishes only and as such is not binding. The person you have appointed as your guardian can be challenged by an…

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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…

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Overseas Assets and Australian Wills

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…

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Reasons to Update your Will

Change your Will Revise your Will Legal Essentials

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…

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