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

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

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. At the beginning of our conference the couple remarked that they didn’t really have anything to leave to their children.  By the end of their conference […]

Elder Abuse: Time to get serious!

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?

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 […]

DIY Wills = Potential Long Term Problems

Do it yourself “legal” Wills (“DIY Wills”) have been available for some time. They have potentially catastrophic effects and in short are incredibly dangerous. Whilst this article may seem self serving I would like to note from the outset that I am not for one minute saying that I am the only lawyer who […]

By |June 1st, 2016|Categories: Estate Planning|Tags: , , |0 Comments

Estate Planning & Self Managed Superannuation Funds: Is it covered by my Will?

The proceeds of your Self Managed Superannuation Fund (SMSF) and Family Trust do not form part of your estate. They are held by the trustees of the fund on behalf of the beneficiaries, in the case of the SMSF the members of the fund, generally you.That said, depending on the terms of the SMSF […]