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Who should I choose to be the Executor of my Will?
An Executor is the person you appoint in your Will to manage your estate and carry out your wishes after your death. They will need to attend to the following: Apply for and obtain a Grant of Probate (if required) Collect all the assets of the estate Pay any debts and expenses Arrange tax returns … Read more
Advance Care Directive
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
Transparency in Estate Planning
Family dynamics can be intricate, and sadly, disputes sometimes arise when it comes to estate planning. A lack of transparency regarding a loved one’s Will can intensify these situations and often lead to Will challenges. This blog post emphasises the critical importance of fostering open communication and transparency amongst family members to help minimise the … Read more
EPA & AMTDMs for Young Adults: Why It Matters Now
While estate planning often focuses on older individuals, young adults also benefit significantly from having a plan in place. Two crucial aspects of this plan for young adults are an Enduring Power of Attorney (EPA) and an Appointment of Medical Treatment Decision Maker (AMTDM). While these terms sound complex, understanding their purpose and importance will … Read more
Wills for Young Adults: Why It Matters Now
While estate planning often conjures up images of retirement homes and wealth, the truth is, it’s equally important for young adults to consider taking control of their future. Despite not having vast fortunes, young adults often possess valuable assets, from cherished family heirlooms to growing investment portfolios and superannuation. More importantly, they might have loved … 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
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