Estate planning is a task that most people don't relish and frequently postpone. Sometimes this is due to an unwillingness to confront the prospect of death and sometimes it is due to the distress that contemplating family arrangements after your death brings. Often it's just procrastination. Whatever the reason, this article sets out some of the most common mistakes that people make in Estate Planning. [...]

A person’s will sets out their wishes for who shall inherit their assets after their passing.  However, at times a testator may decide to exclude an eligible person such as a child from their will, or they may distribute their assets amongst their children in unequal shares.  As a result, a disaffected child may pursue a Family Provision claim. Faced with such a claim and [...]

It goes almost without saying that every adult should have in place an up to date formal Will as well as an Enduring Power of Attorney and an Enduring Appointment of Guardianship. The Will operates after death to ensure that the wishes of the person are followed regarding assets. The Power of Attorney and the Guardianship documents operate during the life of the person to [...]

So, you've organized your estate planning documents… what's next? Making sure that at all times your documents remain up to date- this will ensure that your wishes are reflected and you estate is administered as you intend. It is recommended that you review these documents every 2 to 3 years or where there are changes to your circumstances or the circumstances of your beneficiaries. The [...]

If you pass away and do not have a will or you have an invalid will, you are considered as dying 'intestate'. This means that your assets will be distributed amongst surviving relatives in accordance with the procedures set out in the Succession Act 2006. Who is entitled to inheritance in intestacy? There is a hierarchy of people who are entitled to inherit if someone [...]

What is a Power of Attorney? A Power of Attorney is a legal document that gives a nominated person or trustee organisation the legal authority to manage your assets and make financial decisions on your behalf. The choice of whom you appoint as your attorney is at your discretion however, care must be taken in the selection of your attorney(s) as an attorney has extensive [...]

Upon having children it is crucial to discuss with your partner who will look after your children in the event that you both pass away. In New South Wales, all children under the age of 18 years are required by law to have someone appointed to look after them, this is known as a guardian. What does a legal guardian do? A legal guardian is [...]

Australia is one of the most diverse, and multicultural, countries in the world as it is home to hundreds of distinct cultures, identities, and languages. Today there are over 400 languages spoken across our nation, from the Asian dialects of Mandarin and Cantonese to the Indigenous languages of this land. As such, if you, or your loved one, speak one of these languages instead of [...]

What is a Mutual Will? A mutual will is a legally binding contract between two parties, containing a promise that they will not revoke their wills which are subject of the contract upon the passing of one of them, without the consent of the other party or their personal legal representative. They provide protection for property that is brought into a relationship for the benefit [...]

Have you ever wondered what might happen to your pets after you die? You may have family members who you are certain will care for your pets in the event of your death, but to be sure that occurs, you should consider making a provision for your pets' care in your Will. Although we often consider our pets as part of our family, as far [...]