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 There are many reasons why the terms of a Will can be changed: The deceased’s Will could be out of date […]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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Is superannuation a part of your clients’ estate plans?

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According to IOOF, superannuation can be an overlooked part of estate planning. However where competing beneficiaries have a claim to a deceased member’s death benefits, a well-documented estate plan can be a vital to solving estate conflicts. Here we look at two recent cases brought before the Superannuation Complaints Tribunal (SCT) which demonstrate the problems […]

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Executors work hard for the money – so you better treat them right!

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Generally, where an executor of a deceased’s estate is a spouse, family member or friend, for example, they are not entitled to remuneration, particularly if they already receive a benefit under the deceased’s will. If an executor is not remunerated under the Will they can make an application to the court, which has the discretion […]

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Wife who murdered husband can’t claim on estate

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In the recent case of Edward v State Trustees Limited [2016] VSCA 28 a wife who killed her husband in self-defence was not allowed to receive her husband’s estate under his will. In the discussion of the facts of the case there was a history of violence inflicted on the wife during her marriage and […]

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CPD: The power of disappointed beneficiaries – Why estate planning is fundamental to your offer

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Estate planning is an area of advice that is often underestimated and addressed with two uninformative and basic questions: ‘Do you have a Will?’ and ‘Is your Will valid?’ This approach – for many reasons – is no longer acceptable. Disruptive technologies that have the potential to provide asset allocation, insurance and investment advice to […]

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