Importance of a backup executor

I was reminded
again this week of the importance of having at least one backup executor, especially
in a situation where only one executor is appointed in the first instance.

In this case the
will maker appointed her husband as sole executor and beneficiary and her
children as further beneficiaries in the event that her husband predeceases her
(admittedly […]

Importance of comprehensive estate plan review

Just recently a client asked why we sent a letter to him
and his wife reminding them to review their estate planning documents, as he
believed that it had not been that long since they initially prepared their
documents. When I mentioned to him that it had been 10 years since they last did
their wills, he was […]

Conflict clauses in Enduring Power of Attorney documents

We at Cooke & Hutchinson Lawyers have focused a great deal the last couple of months on elder abuse and this is because of the increase in the number of cases we have seen in a very short timeframe. So when we see articles in a newspaper or a magazine which encourages people to […]

Don’t think you need a Will? Think again!

It is alarming how many people, especially those with underage children, who do not have a will.  There are five basic reasons why you should have a will if you have children under the age of 18:

You can appoint a guardian.  The old wives’ tale that your children will go to their godparents […]

1.         My children will go to their godparents when I die. 
This is not true.  The only way to create certainty about who will look after your children in the event that both you and your spouse pass is to make a will and appoint testamentary guardians.
2.         My estate will just go to my spouse […]

When Attorneys behave badly

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 […]