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Who Can Witness Your Documents

August 25, 2023

A question we get asked a lot is ‘who can witness my estate planning documents?’ In this post we aim to outline in clear terms who can witness your documents.   Wills For your Will to be valid, it needs to be signed in front of two (2) witnesses. These witnesses need to be over … Read more

Where Is Your Original Will

July 18, 2023

It is important to know where you have stored your original documents, including your Powers of Attorney, Wills and even Certificates of Title. It is also important to let your close family members and Executors know where such documents are kept, they do not need to know the contents of the documents but should know … Read more

Who Is Allowed Copies Of Your Will

July 10, 2023

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

July 4, 2023

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

Top 5 reasons your Legal Will Kit

might cause problems

April 21, 2023

Let’s face it – most of us are time poor, and most of us are reluctant to spend extra money where it seems like there is a less expensive alternative. Preparing your own Will from a Will Kit seems to address both of these – easy to do at home, and a lot less money … Read more

Duties of an Executor

February 21, 2023

The Executor of your Will is the person appointed by you who becomes responsible for carrying out the terms of your Will and your wishes. Choosing who to appoint as your Executor is not an easy task. The duties of an Executor can be time-consuming and at times confusing. This is especially true for family … Read more

What is a Discretionary Testamentary Trust (DTT)?

January 31, 2023

In essence, a DTT is a structure that can be put in your Will that can save your beneficiaries from paying unnecessary tax, and may offer other protections to your beneficiaries as well. Under a Will with no DTT, everything passes directly to your beneficiary – let’s say your spouse. In simplistic terms, your spouse … Read more

Foreign Beneficiaries and the FIRB

December 2, 2022

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

July 19, 2022

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

April 20, 2022

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