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
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
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
