Blog
Category: Wills & Estate Planning
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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Power of Attorney NSW – your complete guide
A Power of Attorney is a document which enables you to appoint someone to manage your financial and legal affairs when you are unable to do so. This blog is aimed to provide you with a comprehensive guide about General and Enuring Powers of Attorney.
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Elder abuse – protection and prevention
Elder abuse can take many forms including physical abuse, sexual abuse, emotional or psychological abuse, neglect, abandonment, financial abuse and self-neglect. In this article, we look at how to recognise elder abuse and how lawyers deal with it.
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Effect of separation and divorce on your Will and other estate planning documents
Divorce has an effect on your Will, but this only occurs once the divorce is finalised which can be much later than the original separation. Both separation and divorce may also lead to circumstances that you did not intend. Learn here how to protect your interests.
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What if I lose capacity while Trustee of my Self-Managed Superannuation Fund (SMSF)?
If a Trustee or Director of a corporate Trustee of a Self-Managed Superannuation Fund loses legal capacity to make decisions for themselves, then they will no longer be able to perform their duties as a Trustee or as a Trustee Director.
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Handwritten and other informal changes to a Will
It can be tempting to handwrite the changes a copy of the Will or even on the original, rather than going to the cost of writing a new Will. The issue is whether handwritten amendments to your Will are valid.
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How to leave money or gifts to your grandchildren in your Will
There is certainly no problem in making a gift to grandchildren in your Will but there are a number of choices that need to be made, particularly where the grandchildren are young.
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Tax changes for Discretionary Trusts after 31 December 2020
If your Discretionary Trust holds or acquires residential land in NSW after 31 December 2020 then your trust will be liable to surcharge duty and surcharge land tax if you do not amend your Trust Deed before 31 December 2020.
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Dividing personal possessions after the death of a parent
When a parent dies, it can be difficult for the children to deal with the contents of the home including things like furniture, artwork, antiques, memorabilia and so on. A lot of those things may have little commercial value but often have a very high sentimental value. But you still need to know how to go about division of these items and when you can do it.
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When should I review or update my Will?
Your Will and estate plan ages over time but unlike a fine wine, it will rarely improve with time. There will be times during your life when you should review and/or update your Will, particularly when your personal circumstances change.
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