“Three certainties in life: Death and Taxes – and Procrastination about both.”
Estate Planning Reviews
In a Bind to Get Out of a Bind – The Importance of Binding Death Benefit Nominations
In a Bind to Get Out of a Bind – The Importance of Binding Death Benefit Nominations There is no time like now to be reminded that you cannot leave your Superannuation death benefits to chance. Even if you make a superannuation death benefit nomination, your super fund might not pay it as you […]
Signing Formal Documents Remotely – New Rules
The COVID-19 Public Health Orders have seen many solicitors and Justices of the Peace working remotely. In response, the NSW Government has implemented the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) which came into effect on 22 April 2020 and is expected to terminate on 22 October 2020. The Regulation can be […]
Left out of a Will, want to put it right?
Where’s there’s a Will, there’s sometimes a Way – to upturn it. Karl Lagerfield died last month. According to Le Figaro, his cat Choupette was to inherit a good bit of his estimated $300 million fortune. She’s no retiring feline, this one, she has her own Instagram account. Here is an image of Choupette with […]
Supercharge your Death Benefits
When it comes to estate planning, most clients know how important it is to have an up to date will. What a lot of clients don’t know is that their biggest asset may not be covered by the will. It used to be said that the family home was the biggest investment most people ever […]
A Thorne in two Binding Financial Agreements?
The unanimous High Court ruling in Thorne v Kennedy [2017] HCA 49 highlights the broadened circumstances in which financial agreements can be set aside in Australia, casting considerable doubt on agreements that are heavily weighted in favour of one party. The court set aside two financial agreements that were made pursuant to Part VIIIA of […]
Binding Death Benefits and Loss of Capacity and Powers of Attorney
Peter McNamara has previously warned that you get your superannuation death benefits sorted: http://www.cml.com.au/wills-smsfs-and-binding-death-benefit-nominations-get-yours-in-line Now a recent case shows that you should get your powers of attorney sorted as well. What happens to your superannuation if you lose capacity? Your superannuation death benefits will be dealt with as set out in the superannuation trust deed. Most […]
The Art of the Non-Deal
Well, Barnaby Joyce has sure gotten our attention recently. It’s as old as the hills: Two people get together, one is older and already has kids, and the younger one is female. And a similar story should get our attention this week. In this case, one man was older, and very rich, while she hardly […]
Digital Assets and Estate Matters: What happens to your online data after your death?
In today’s world nearly everything is digital, cloud storage is used for your personal files, Facebook for your social calendar and LinkedIn for your career. Most people have adjusted to technology taking over their life, but few realise that their digital footprint can also pose a real problem after death. Digital platforms are required to […]
Contesting a will? Family Provision Claims
Been left out of a will? Not received what you believe you are entitled to receive? You could be eligible to make a family provision claim. Family provision claims must be made within 12 months of the death of your loved one and can only be made by ‘eligible persons’. This includes current or former […]