Superannuation: Death Taxes by Stealth

By |February 10th, 2017|

With the rise of superannuation and the increase in self-managed superannuation funds, also comes the rise in taxes payable as a result of the death of a member of those superannuation funds upon the monies paid to their estate as a death benefit.
A little-known fact, the death benefit held by the superannuation fund, including […]

When Attorneys behave badly

By |January 17th, 2017|

I was instructed in relation to a dispute between two attorneys who had been appointed by an elderly gent who I will refer to as Mr S. Mr S had lost capacity to make decisions for himself. The attorneys were appointed to act jointly. The difficulty was that neither of the attorneys particularly liked […]

Joint Tenant or Tenant in Common: What’s the difference?

By |January 10th, 2017|

I received instructions recently from the daughter of an elderly lady who had lost capacity to make decisions for herself. The husband of many years (although a second marriage) had passed away and the property in which they lived was required to be sold so that the elderly widow could move into aged care.
Unfortunately, […]

Testamentary Trusts: Not just for the rich and famous

By |December 20th, 2016|

I recently took instructions from a couple with children who are primary school and kindy age, and discussed, as would normally be the case, their assets and liabilities. The couple remarked that they didn’t really have anything to leave to their children at the beginning of our conference.  By the end of their conference […]

Elder Abuse: Time to get serious!

By |December 13th, 2016|

I have been contacted over a number of years, including quite recently, in relation to what can only be described as ‘elder abuse’. Elder abuse occurs when an elderly person is the subject of abuse, normally by a family member and normally financially, for the gain of that family member. The family member may […]

How can I stop my Will being challenged?

By |December 6th, 2016|

A client came to see me about a problem that is often occurring for a number of older Australians, how to leave their estate unevenly between their children and/or other people who have a claim on their estate. Whilst the starting position at law is that a person making a Will has what is […]