Blog
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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Parenting arrangements for spending time with children
Prior to the amendments to the Family Law Act (May 2024), the Court was obliged to consider making an order that a child spend equal time, or substantial and significant time with each parent if an order for equal shared parental responsibility was made. Since May 2024, the Court is now simply required to consider the best interests of the child when determining time spent with each parent.
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What is parental responsibility in family law matters
When discussing parenting arrangements for your child after separation, you may hear the term 'parental responsibility' being used. What does it mean? Why is it important? Does it govern the amount of time each parent spends with the child/children?
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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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Negotiating property settlement – what’s a fair share?
A common comment we hear, after separation, is "we have decided to split the assets 50:50 as that is fair". On the surface, this may look fair but delving deeper, it may not be in your best interests and it may not be what the Court considers just and equitable.
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Land tax liability when property is held in a trust
If property is held in a trust, then depending on the type of trust, there are different rules and requirements in respect of how land tax is treated.
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Do you need a property co-ownership agreement?
With the rising cost of housing, particularly in Sydney, situations of co-ownership of property between multiple persons are becoming more common. In this article, we look at seven scenarios where having a co-ownership agreement in place could be beneficial.
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Who pays land tax and how is it calculated?
Many people have received correspondence from Revenue NSW with an invoice for multiples years of land tax because they did not know they were liable for land tax and had not registered. Find out if you have to pay and how much you might have to pay.
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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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