How often should you update your estate planning documents?

By |2023-12-12T00:50:12+00:00December 12th, 2023|ESTATE LAW|

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 [...]

What Happens if you Pass Away and Don’t Have a Will?

By |2023-09-15T00:12:22+00:00September 15th, 2023|ESTATE LAW|

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 you need to consider when granting someone your Power of Attorney

By |2023-04-12T22:50:39+00:00April 12th, 2023|ESTATE LAW|

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 [...]

Who will look after my children if I pass away?

By |2023-03-17T04:55:21+00:00March 17th, 2023|ESTATE LAW|

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 [...]

Testamentary Capacity and Creating a Will as a Non-English Speaker

By |2023-02-15T23:11:48+00:00February 15th, 2023|ESTATE LAW|

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 [...]

Mutual Wills and Blended Families

By |2023-01-19T01:53:16+00:00January 19th, 2023|ESTATE LAW|

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 [...]

Challenging a Will

By |2022-08-17T04:46:15+00:00August 17th, 2022|ESTATE LAW|

When someone close to you dies, it is always a difficult time. However, if it comes as a shock that the Deceased has not remembered you in their Will, it can be very upsetting.  While the law recognises that when making a will, a person (the Testator) has the right to deal with their estate as they wish, there is legislation in place to protect [...]

Abuse of Powers of Attorney

By |2022-07-20T23:37:40+00:00July 20th, 2022|ESTATE LAW|

We usually recommend that our clients consider appointing another person to act as their attorney, pursuant to an Enduring Power of Attorney document, in case they become unable to manage their own affairs through lack of capacity or sudden illness or injury.  The use of these Powers of Attorney is generally in accordance with the obligations cast upon the attorney by the appointment but, occasionally, [...]

The laws surrounding Posthumous IVF Conception

By |2022-03-16T23:50:23+00:00March 16th, 2022|ESTATE LAW|

So you and your partner have decided that you would like to have children together. But what if one of you dies before you conceive? This is not a question that many couples trying to conceive ask themselves. Although not a common event, the questions surrounding posthumous in vitro fertilisation bear thinking about. Posthumous conception involves the conception of a child after one or more [...]

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