Wills and Estates

Common questions about Wills and other estate planning documents answered
May 4, 2021
Wills are legal documents that name the people you want to receive property, possessions and assets that you own at the date of your death – these people are known as your beneficiaries. Wills are the only way you can ensure your assets are distributed in the way you intended after you pass away. Therefore, […]
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Dying intestate can cause headache and heartache for your grieving loved ones.
April 23, 2021
High-profile legal proceedings currently before the Supreme Court, demonstrates how important it is to have a valid Will in place. The matter involves millions of dollars in assets which belonged to businessman Hongtao Liu. Mr Liu died without a Will. This has created conflict between his wife Ms Xianting Kong and his mother Ms Junying […]
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Tax obligations relating to superannuation death benefits should be considered when making your nominations
March 29, 2021
When it comes to super death benefits there are two overarching areas of law which affect beneficiaries – superannuation law which sets out who a death benefit is payable to, and taxation law which sets out how the death benefit will be taxed. Your super fund can pay a death benefit to two types of […]
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Making a provision in your Will to protect a vulnerable member of your family requires special consideration
December 17, 2020
Making provision in your Will for a person who is unable to adequately or responsibly manage their financial affairs requires special consideration. Vulnerable beneficiaries may include those whom: Have a severe disability; Suffer from a mental incapacity; Have an addiction; Are bankrupt (or are at risk of becoming bankrupt); Are too young (or too old) […]
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In addition to having a Will, residual superannuation needs to be dealt with before you die
October 19, 2020
Having a valid Will in place ensures that in the event of your death your assets and interests go to the right person(s). Your superannuation however, does not automatically form part of your estate assets and therefore is not subject to the terms of your Will. Superannuation law and self-managed super fund (SMSF) governing rules […]
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Obtaining a Grant of Probate for the administration of a deceased estate explained
August 18, 2020
When a loved one dies their estate needs to be attended to. Locating the deceased person’s Will and obtaining a Grant of Probate is the first step in this process. The appointed executor of the Will is required to make an application in the Supreme Court for the Grant. A Grant of Probate is a […]
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