All publications relating to ‘Estate Planning & Wills’
When it comes to wills, the dress code is formal
Learnings from Kemp v Findlay [2024] NSWSC 902Will formalitiesSection 6 of the Succession Act 2006 (NSW) (the Act) shows us how a will should be executed. A valid will must be in writing and signed by the testator, in the presence of two or more witnesses, with at least two of those witnesses to attest…
What to do when a loved one passes away
When somebody close to you dies, it can be a very challenging time. While dealing with the grief itself can seem overwhelming, there is also a list of administrative tasks to be taken care of – with some things needing to be done at very short notice after a person passes away.This article looks…
5 things you should know about binding death benefit nominations
It is important to consider your superannuation entitlements as part of your estate plan especially when they do not form part of your estate. As superannuation entitlements can result in significant distributions to beneficiaries, it is crucial to ensure that they are paid in accordance with your wishes. A non-binding nomination…
Tips and traps for granting life estates
Generally speaking, a life estate gives full ownership rights to the recipient, other than the right for the recipient to pass the property to their heirs upon their recipient’s death. A life estate may be granted with certain conditions attached. Life estates are a common mechanism used as part of estate planning in blended…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…
COVID-19 | Making a Will in times of emergency
COVID-19 has significantly changed the way we do ordinary tasks. With the increasing restrictions on travel, leaving the home and gatherings, tasks we used to do everyday with ease have become more difficult. This is even more so when it comes to making your Will. Generally speaking, a Will needs to be…
5 times to review your estate planning
As the holiday season approaches and travel plans are made, many people consider it the right time to update their estate planning. In addition to reviewing your estate planning before you travel, we take a look at five significant life events that should prompt you to review and update your estate planning.MarriageMarriage…
Voluntary assisted dying laws commence in Victoria
In November 2017, after significant community and parliamentary debate, Victoria became the first state in Australia to lawfully allow terminally ill people to voluntarily end their lives. The Voluntary Assisted Dying Act (the Act) came into operation on 19 June 2019 with the aim of providing for and regulating access…
The problem with informal Wills
In NSW, section 8 of the Succession Act 2006 (NSW) (Act) lets the Court dispense with the formal requirements for a will. However, it would be imprudent to rely on this provision (and state and territory equivalents if you are outside of NSW). It is always best to comply with the formal…
A Will with no beneficiaries? An expensive mistake
Consulting a lawyer might seem expensive to some. A defective Will, however, can prove even more costly. Will making is a significant component of later life planning, and in nearly all situations will require professional legal advice. On a basic level, legal advice should ensure that the Will itself is a legally sound document and will…