Blog
Category: Wills & Estate Planning
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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Effect of marriage on your Will and other estate planning documents
Getting married (or divorced for that matter) can have significant impacts upon any Will, Power of Attorney or Appointment of Guardian you already have in place. Likewise, if you didn’t have any of these documents before marriage, now’s the time (before marriage or divorce), to get them done.
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Making your Will during COVID 19 – it’s easier and safer than you think
There is nothing like a pandemic to focus your attention on those "I must get around to it" jobs! One of those jobs includes writing your Will.
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Why should I have a Will and what happens if I die without one?
Even if think you don’t need a Will or if the topic is something you prefer to avoid, the preparation of a Will is an important step that can save your family a lot of stress, hassle, disagreement and even money.
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Signing legal documents via videoconference
Having personally been in practice for 40 years and having been pedantic in our policy of how legal documents are properly signed and witnessed, we are now able to use technology to be able to remotely witness you signing documents.
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Benefits of a Testamentary Trust Will versus a simple Will
Testamentary Trusts are estate planning tools which are useful for a range of reasons, including for wealth protection and due to the tax advantages. This article looks at the benefits of Testamentary Trust versus a simple Will.
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The risks of DIY Will Kits
Every adult should have a Will which is professionally drafted by a lawyer experienced in Wills. There is a temptation to save money by using a free (or very cheap) DIY Will kit but there are inherent risks.
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