Blog
Category: Wills & Estate Planning
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?
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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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?
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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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 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
A proper assessment of “capacity” is crucial in estate planning to ensure all documents remain valid when they’re needed.
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Can I use a Power of Attorney after the Principal’s death?
A Power of Attorney can only be used while the Principal is alive. In this article, we also look at what happens if the Principal loses capacity.
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Do I need to update my Will after separation?
Our top 3 things that can be done to safeguard you and your estate, until family law proceedings are finalised.
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A guide to using Testamentary Discretionary Trusts
Testamentary Discretionary Trusts are a very useful and beneficial tool that can be provided for your family in your Will. But it is important that your family is aware of those benefits and does not immediately fear that using the Trust will be too complex or difficult.
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Is my family or discretionary trust included in my estate?
If you have assets in a family or discretionary trust or you’re looking to create a family or discretionary trust, then the way the trust would be dealt with under your Will or estate should be considered.
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Should I make a superannuation Binding Death Benefit Nomination?
If you complete a Binding Death Benefit Nomination, the proceeds of superannuation should be paid in accordance with the nomination and not be part of the assets of your estate.
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