Blog
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How children can get robbed of their inheritance
We just read about a pretty tragic story that happened in the United States. A man had remarried after his first wife had passed away. He had children with his first wife, who were all adults. His adult children and his new wife were not on the best terms. The man had only been married […]
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Common misconceptions about estate planning
An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article we look at some misconceptions about Wills and estate planning and dispel […]
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Accessing digital assets – estate planning essentials
The untimely death (or purported death) of Gerald Cotten, former CEO of Canadian cryptocurrency exchange company, Quadriga CX, emphasises the importance of planning your electronic after-life. Mr Cotten’s death in India at the age of 30, not only raised suspicion as to its authenticity (and allegations of an exit scam), but reiterated the chaos that […]
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What a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not really. Generating an on-line Will may seem easy, […]
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I’ve Been Appointed as an Executor, What Do I Do?
An executor is a person or persons who are named in a Will as having the responsibility of carrying out the Will-maker’s wishes. While some people name a solicitor or specialist trustee company as their executors, it is also common to appoint a family member or trusted friend. If no executor is named in the […]
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Getting a Power of Attorney for Your Parents
If you have elderly parents, you may want to ensure they have arranged to have Powers of Attorney in place. An Enduring Power of Attorney is an important part of estate and succession planning. It operates when a person is no longer able to make decisions for themselves, for example due to cognitive decline or […]
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Read This Before You Decide to Co-own Property With Family
Many happy memories are forged by families spending time together at the family home, a holiday house or the family farm. Many well-intentioned will-makers in planning their estates envisage the next generation continuing to enjoy the benefits of family properties through co-ownership long after the parents are gone. Given that real estate often forms the […]
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Thinking of Challenging a Will? Here’s What You Need to Consider
Challenging a Will can be difficult. Have you been left out of a will? Claims can be made for further provision from a deceased estate if relatives or loved ones believe that insufficient provision has been made for them. However, not everyone is entitled to challenge a Will. To be entitled to challenge you must […]
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Case Study: The “Cheap” Will That Cost Half a House
Case Study: Jeffrey a 77-year-old widower was diagnosed with a terminal illness. He considered that his affairs were relatively simple. His de facto partner had died before him and he wished for all of his estate to be gifted to his de facto’s son Roger (with whom he was very close and who he considered […]
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Probate and Estate Administration Goes Online
In Victoria, the probate office of the Supreme Court is going fully electronic. From 15 April 2020, the Court is launching a new online system for the electronic filing (eFiling) of all probate matters. The Court will no longer accept applications or other documents in person or by post. All grants of representation (probate or […]
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