I noted with interest the Australian Securities and Investments Commission (ASIC) has commenced penalty proceedings against the Construction and Building Unions Superannuation Fund (CBUS). ASIC alleges CBUS failed to act efficiently when CBUS handled claims being made...Read More
When I see a couple to take instructions for their Wills, and they each have children to a previous relationship, it is common for them to gift: • everything to their spouse; and • if their spouse has died, equally between their children and stepchildren. Clients are...Read More
For one reason or another, you may have purchased assets in the name of a Trust. Often described as ‘Family’ Trusts, these Trusts usually have common features including: A Trust Deed (the rule book); A Trustee (the manager); An Appointor/Principal (the supervisor and...Read More
As we age and care needs increase, most people prefer to receive assistance in the comfort of their home. In response to the Royal Commission into Aged Care, Quality and Safety, Home Care Packages will be replaced by a new program known as Support at Home. There are a...Read More
If you have been asked to be an Attorney for someone under an Enduring Power of Attorney (EPOA), you might consider it quite an honour. An EPOA is a very powerful document and the person appointing you typically trusts you implicitly. You can’t, however, be forced...Read More
Unlike a divorce, where you actually receive a piece of paper from the Court confirming a marriage has ended, there can be uncertainty as to when a defacto relationship ends. The Court had to recently consider whether a text message, sent on the morning of a deceased...Read More
Over the years, the law has adapted to generally give de facto relationships the same recognition and status as a marriage. Until recently, however, a de facto relationship was not able to be included on a person’s death certificate. The Births, Deaths and Marriages...Read More
It’s hard to believe that it’s almost 10 years since my father passed away. Memories and photographs help keep him close. Some people want more than memories and photographs to stay connected which has prompted a growing trend in the ‘digital after-life industry....Read More
Most Entry documents for retirement villages, manufactured home parks and lifestyle resorts (“villages”) will have clauses dealing with visitors and pets. Some people love pets, others tolerate them, others despise them (the same can be said about visitors). The usual...Read More
Generally, a Will is done reflecting the wishes of just one person. It is possible, however, that two people prepare “Mutual Wills” – that is, Wills which contain agreements. Mutual Wills are sometimes used where spouses have children to earlier relationships and they...Read More
