Wills, Estates & Elder Law Latest News

Do I have to concern myself about taxation issues? Because superannuation is a low tax environment some people – particularly those who take their own advice – overlook the need for tax planning in their superannuation succession arrangements. Whilst superannuation can be a low tax environment, it is important to remember that tax may be…

As discussed in our earlier blog, “Contesting a Will, Part One: Family Provision Application”, if you bring a Family Provision Application you must prove that you need further provision from the estate to meet the costs of your proper maintenance and support.  So what factors a relevant and what does ‘proper maintenance and support’ mean?…

Children of the deceased may have standing to apply for greater provision from the estate under a Family Provision Application.  Please see our earlier blog, “Contesting a Will, Part One: Family Provision Application”, for general information on FPAs. Am I a child of the deceased? A child of the deceased includes a biological child, step-child…

Because your Superannuation is your nest egg, some of it will still be there when you die. The last two decades in Australia have seen a monumental change in the role of Superannuation for most Australians. Public education in the need for us to provide for self retirement and compulsory employer Superannuation levies have contributed…

When you make a Power of Attorney it can be made in different ways. The principal rule is that when you make a Power of Attorney it must be made in the approved form pursuant to the provisions of the Powers of Attorney Act 1998. However certain Powers of Attorney will be valid as long…

Now. You should make a Will now. By now, I do not mean pulling out a blank sheet of paper and starting to pen “being of sound mind I hereby make my Last Will and Testament….” There are things that you need to consider carefully before you make a Will including:- • what assets do…

General Power of Attorney -v- Enduring Power of Attorney There are two types of power of attorney (1) “General Power of Attorney” and (2) “Enduring Power of Attorney”. Both types involve a formal agreement where one person (known as the principal) gives another person (known as the attorney) power to make decisions on behalf of…

This week is National Identity Fraud Awareness Week.  It is not uncommon to hear of cases of identity theft from friends, acquaintances and clients.  Essentially it means that somehow the thief has obtained details of some or all of your name, date of birth, address details, drivers licence number and other identifying characteristics and in…