What happens to a testator’s Will after divorce?

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Going through a divorce may upset the best laid out estate plans by partially or completely revoking a couple’s Wills. Jennifer and Thomas were married for 5 years before Jennifer... Read more continue reading

Debt ridden estates can cause challenges for executors

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Managing the debts in deceased estates is an increasingly complicated area for executors and family members to deal with, and it is important they are aware of their responsibilities and... Read more continue reading

When gifting your estate, why stop at grandchildren?

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Just how many generations of your descendants should you consider in your Will and is there an easy way to do it? No one has ever said that to me... Read more continue reading

Video wills can put estates in jeopardy

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A recent Court case in Western Australia has demonstrated the problems and risks of recording yourself on video outlining your instructions and wishes in the hope that it might be... Read more continue reading

Can you really disentitle a person from your Will?

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Does violence towards the deceased end the relative’s chances of a successful claim against the Will? It doesn’t matter what sort of ‘family’ unit you have – nuclear, blended or... Read more continue reading

Limited capacity clients and their estate plans

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Advisers can face many challenges when working with clients who they believe may have limited capacity. What does it mean to be mentally/legally incapable? What is the test that is... Read more continue reading

Protecting your inheritance from the lender

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The growth in use of reverse mortgages by asset rich, cash poor seniors is increasing rapidly. As is the awareness by their children that this new debt facility will decrease... Read more continue reading

Digital graveyard complicates estate planning

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With a myriad of statisticians now trying their hand at calculating when Facebook will have more dead “memorialised” members, than living ones, planning for the ownership of digital assets in... Read more continue reading

Don’t overlook the value of Powers of Attorney in estate planning

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Say “estate planning” and most people think of a Will.  But while a Will is an extremely important document, the value and importance of having an Enduring Power of Attorney... Read more continue reading

Which country, which will?

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The Victorian case of Re Tang [2017] looked at a raft of issues that arose when the deceased had assets in both Australia and China. The deceased was an Australian... Read more continue reading