Blog
Category: Wills & Estate Planning
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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Does an executor of a Will get paid?
Depending on the size of the estate, the duties of an executor can range from relatively straightforward through to somewhat complex. This leads us to the question, “does an executor get paid for administering a deceased estate?”
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Electronic witnessing of legal documents is here to stay
The remote witnessing of important legal documents such as Wills, Statutory Declarations and Affidavits over audio-visual link technology is now here to stay in NSW!
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Who should be the executor of a Will?
How to choose the executor of your Will is a question regularly asked but there is no simple answer to it. In this blog, we explore some of the common things to consider when choosing your executor.
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Transferring property to a spouse or partner after death
If you own property in NSW and intend for the title in the property to pass to your spouse in the event of your death, the process of ensuring this occurs is different depending on how the property is owned
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What is a life estate or life interest in a Will?
A life estate is a term used to describe a type of “ownership” or use of property (or other assets) for the duration of a person’s life. It is commonly referred to as a life interest.
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What is a 'no contest' clause in a Will and is there a better option?
We are frequently asked to include a 'no contest' clause in Wills. The client’s aim is to avoid a challenge being made against the Will or their estate after their passing. However, a 'no contest' clause is unlikely to be the best protection against someone contesting a Will in NSW.
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Appointment of an Enduring Guardian
An Enduring Guardian is someone of your choice whom you appoint to make decisions on your behalf concerning your health and wellbeing when you become incapable of, or not in a position to do so yourself.
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