A person who makes a Will must have testamentary capacity. This means the person understands the nature and effect of making a Will and understands what they own and who can claim on their estate. Wills can be challenged and ‘struck out’ if a person did not have...Read More
I wrote about the importance of knowing where your original Will is in this column a year or so ago. The three recent files on my desk and the decision of Hindman J handed down in the Brisbane Supreme Court on December 5 on one of my files suggests it’s time to...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
The preparation of your estate plan involves a number of matters, especially the payment of your superannuation death benefit. From 1 July 2017 a “Transfer Balance Cap” was introduced. In broad terms, the effect of the Cap is to limit the total amount of...Read More
