For a Will to be validly executed, it must meet certain requirements – eg. it must be signed by two witnesses. The Court recently had to consider whether a digital note saved on an iPhone by a Mr Colin Peek – a multi-millionaire – was in fact his Will. If...Read More
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
If you accept the role of executor of an estate, you take on certain legal responsibilities. After the payment of estate debts, the primary obligation of an executor is the transfer of the assets of the deceased to the beneficiaries named in the Will. But what happens...Read More
When helping clients prepare Wills, it is common to receive these instructions ‘Everything goes to my spouse and then to the kids equally”. The surviving spouse often ends up with the jointly owned assets and superannuation too. When the surviving spouse passes away,...Read More
One of the various roles of an Executor is to make sure that all estate debts are paid. In particular, an Executor needs to make sure any tax liability of the deceased during their lifetime or of their estate is accounted for. Keeping records of everything that might...Read More
