Can a video will be admitted to probate?

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Donna is a widow and is 85 years old. Due to her deteriorating health, she is unable to attend her solicitor’s office to make a formal Will. So she decides to record a statement on DVD, stating that she wants to give a special legacy in favour of her two daughters with the help of […]

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CPD: Estate planning in the post 1 July 2017 world

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Investors spend a lifetime saving and building their wealth. Without an effective and up-to-date estate planning solution, families can face a range consequences upon the death of a parent. This article from Centuria looks at how the changes to superannuation, which come into effect 1 July 2017, will impact estate planning, and considers strategies to […]

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BDBNs and life insurance in super: beware the transfer balance cap trap

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Strategic estate planning is key to ensuring flexibility in crises. Although you may not consider yourself at risk of exceeding the transfer balance cap following 1 July 2017, you may in fact be at risk, irrespective of your own superannuation account balance. One of the most important aspects to consider in light of the introduction […]

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DIY Wills are not the same as DIY Super

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The courts are littered with examples of ‘do it yourself’ Wills that have gone wrong. It doesn’t matter how simple you think your Will is – even smart people like a retired ANU Professors can and do get them wrong. As a result of the ambiguities in the deceased’s Will, and notwithstanding that he was […]

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Court refuses will for dementia sufferer

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In the recent case of R v J [2017], the Western Australian Supreme Court rejected an application to make a will for a woman who no longer had capacity to do so. Julia is currently 91 years old. She has been married to Henry for 51 years and suffers from diminished mental function as a […]

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Estate equalisation by courts not so straightforward

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In a 2015 court case a claim by the daughters of the deceased for an equal share of his estate was dismissed. It was taken that the daughters had been fairly treated even though their brother inherited significantly more. This sounds like a legal decision from another century but it seems that fair and equal […]

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Key issues in estate planning using trusts

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A look at two important family trust issues that advisers may come across in establishing or managing the workings of a client’s estate planning using trusts. Issue #1: Who should be the Appointor of my Family Trust? When completing an instruction form for arranging a new family trust for a client, it is very likely […]

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Proper planning is always key to a succession and estate plan

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Good estate planning is not only about the Will but in the detailed planning that goes into the other aspects of the estate to achieve the best outcome for your loved ones. Advice and documentation on succession and estate planning should take place sooner rather than later. It becomes difficult to have documents prepared and […]

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Did you know that the terms of a Will can be changed – or even ignored?

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If the deceased’s Will conflicts with the family’s current circumstances or with the wishes of the beneficiaries they can take steps to change it. There are many reasons why such a disconnect could arise. There are many reasons why the terms of a Will can be changed: The deceased’s Will could be out of date […]

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The most important thing you (probably) didn’t know you could do with your Will

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Choosing the person who will take care of your children should you pass away before they are 18 is, for most, one of the most important decisions you will ever have to make. Alarmingly, many people don’t realise that having a spoken arrangement with your trusted person is not enough. We set out who gets […]

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