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Category: Wills & Estate Planning


When should I review my Binding Death Benefit Nomination?

When should I review my Binding Death Benefit Nomination?

If you’ve made a Binding Death Benefit Nomination to deal with superannuation fund moneys after death, and you’ve either nominated your legal personal representative in your Will or a particular person, then just like your Will, it may need to be reviewed and revised from time to time.
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How can I stop my kids from challenging my Will?

How can I stop my kids from challenging my Will?

Contemplating leaving a child out of your Will is a common issue that arises in families, particularly where one or more of the children are seen as the “black sheep”. In very general terms, kids might challenge the Will you make in three areas.
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Duties and responsibilities of a trustee

Duties of a trustee

In very general terms, a trustee holds assets of a Trust, manages those assets and deals with the capital and income in accordance with the terms of the Trust. The trustee owes a duty directly to the beneficiaries and must always act in the best interest of those beneficiaries.
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How to leave a gift to a charity in your Will

How to leave a gift to a charity in your Will

Deciding to make a gift to a charity in your Will is a commendable act. But there does need to be some consideration as to what you wish to achieve by the gift. You also need to be mindful of the potential for a family provision claim against your estate.
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How do I gift my digital assets in my Will?

How do I gift my digital assets in my Will?

There is no legislation at the moment in Australia which addresses the change of ownership of digital assets after death. But, given the prevalence of digital assets, it is increasingly likely that legislation will be put into place in the future.
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What can be done if the original Will is missing or lost?

What can be done if the original Will is missing or lost?

We have recently received a number of queries where the original Will of the deceased is missing or lost. It may be that a copy of the Will has been found but not the original document. The question then is what to do and whether a Grant of Probate can still be made where only a copy of the Will is located.
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Can I stop my children receiving inheritance at 18?

Can I stop my children receiving inheritance at 18?

This blog looks at two options for delaying the age at which your children receive a share of your estate. The first is to “take a risk’ and second is to create a Discretionary Trust.
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Role of the Attorney under a Power of Attorney in NSW

Duties of an Attorney under a Power of Attorney in NSW

If you’ve been made an Attorney under a Power of Attorney, you need to be very aware that you are taking on significant responsibilities and you have important obligations to act appropriately.
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Can I donate my body, organs or tissue upon my death?

Can I donate my body, organs or tissue upon my death?

In this article, we address common questions related to organ and tissue donation after death, together with how body donor programs work.
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Your guide to Advance Care Directives in NSW

What is an Advance Care Directive?

An Advance Care Directive ensures that, should you be unable to make your own decisions, your Guardian knows what your wishes are for your medical care.
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Risks and dangers of DIY probate

Risks of DIY probate

We explore the risks and dangers of DIY probate after the death of a loved one including significant delays, frustration, and usually inevitably, further costs.
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Assessing legal capacity in estate planning matters

Assessing legal capacity in estate planning matters

A proper assessment of “capacity” is crucial in estate planning to ensure all documents remain valid when they’re needed.
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