Superannuation: Death Taxes by Stealth

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

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?

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 […]

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 […]