2019-05-23 02:16
Without a doubt, having an Enduring Power of Attorney is just as important as having a Will.
It is not uncommon for us to see a family in dispute in relation to the care and living arrangeme… Read More
Blog Directory > Business Blogs > Australian Estate Law Today - Australia's Leading business Blog >
Australian Estate Law Today - Australia's Leading Blog
australianestatelawtoday.com.au
Tags:
binding death benefit
estate
death benefit
death benefit nomination
attorney
court
elder abuse
financial matters
document
superannuation fund trustee
Estate Law Today is Australia's #1 Estate Law Blog covering a wide range of legal areas presented by Ferguson Cannon Lawyers.
2019-05-07 03:58
Upon death, superannuation is considered a trust asset, it is not an asset of a deceased’s estate.
In many cases, the funds that make up the deceased’s superannuation will not on… Read More
2019-05-01 23:07
We are frequently asked by clients what the requirements are to be considered a spouse, or a de facto spouse in relation to a deceased estate.
This is important because a spouse or de facto… Read More
2019-04-23 06:33
We receive a number of enquiries from various people trying to locate a loved one’s superannuation. Unfortunately, there is no hard and fast rule to locating a deceased’s superan… Read More
2019-04-15 02:59
When looking at a client’s estate plan, one of the important issues we address is whether they have a Binding Death Benefit Nomination. However, until the recent decision in Re Narumon… Read More
2018-06-21 05:49
I recently met with a client, to receive her instructions to draft her Will and Enduring Powers of Attorney.
I noticed early on in our appointment that I was receiving short and sharp answer… Read More
2018-06-15 03:13
June 15 marks World Elder Abuse Awareness Day – a day for us to remind ourselves and one another that elder abuse is becoming a global issue. It’s a concern we must turn our mind… Read More
2018-03-15 07:43
It still surprises me that clients seem to forget to mention “their bank account in the US” or “their parent’s house they inherited in the UK”, even when asked… Read More
2018-03-07 07:27
There is no doubt that a lot of people have jumped on the “get rich quick” band wagon when it comes to the likes of bitcoin and other cryptocurrencies. For some it has brought gr… Read More
2017-10-17 00:32
The judgment handed down last week by the Supreme Court of Queensland in Re Nichol is a profound reminder of the importance of ensuring your Will meets the legal requirements and is executed… Read More
2017-08-04 03:32
According to Benjamin Franklin, “In this world nothing can be certain, except death and taxes”. As we all know, there is certainty in the paying of tax, but in the case of death… Read More
2017-04-26 06:54
I prepare Wills on a weekly basis. Once a client’s Will is finalised, I will forward it to them along with signing instructions, should the client wish to sign their Will independently… Read More
2017-01-18 07:45
A lot of clients look at me with confusion when I suggest a testamentary trust for them. I immediately receive questions like: What is it? How does it work? Do I need one?
I have answered so… Read More
2016-10-21 00:52
There seems to be a common misconception that having an estate plan is for wealthy people. Wrong. Having an estate plan is for everyone. It is about being prepared, minimising risk and makin… Read More
2016-09-15 05:24
In Queensland, for the purposes of making an application for further provision from an estate, a child is eligible.
However, the definition of ‘child’ is three fold.
Effectively… Read More
2016-08-09 04:55
Although unfortunate, it is common that parent and child are unable to forge out their issues. However, the result in some circumstances means their relationship is marred by estrangement.
E… Read More
2016-06-03 03:01
When you pass away without leaving a valid will, you are deemed to have died intestate. This means that your estate will be administered and distributed according to legislation.
The benefit… Read More
2016-05-25 07:14
When you die, you die. Nothing can be done from the grave that you haven’t planned for already.
I’ve had many clients come in during their twilight years to make their first will… Read More
2016-05-09 02:50
Where there are questions as to the validity of a will, lodging a caveat over the will is an option which will give you time to investigate your questions. Having said that, there can be sev… Read More
2016-05-04 02:30
Recently, I have received a number of enquiries where a deceased’s original will cannot be found. When an original will cannot be found, a grant of probate can still be obtained on a c… Read More
2016-03-22 01:49
I am often asked by clients about “disentitling conduct” in the context of a claim for further provision from an estate by a child of a deceased.
Clients generally raise with me… Read More
2016-03-08 02:00
I recently met with some clients to consider their estate plan. Since they last reviewed their estate plan they had accumulated significant digital assets. When considering your estate plan… Read More
2016-02-18 03:31
I have previously blogged about when you should review your will and estate planning. One of the triggers to review your will and estate planning is if you have divorced. In the case of… Read More
2016-01-27 03:29
I am often asked about the time limits of when a claim for further provision from an estate can be made. When considering a claim for further provision from an estate, it is important to act… Read More
2015-12-17 03:30
When preparing a will for a client, I am often asked, “When should I review my will again?”
There are certain “triggers” that you can keep in mind, to review your wil… Read More
2015-12-08 06:37
I have received a number of enquiries lately in relation to a partner of a deceased wanting to either apply for Letters of Administration on Intestacy for their deceased partner’s esta… Read More
2015-12-01 03:45
Dealing with a loved one’s estate can be challenging, especially if you need to obtain a grant of representation. To assist those with questions in relation to a grant of representatio… Read More
2015-11-27 00:57
What can you do when you want to leave something in your will to a loved one, but are concerned that they will not be able to manage their inheritance adequately? It may be worthwhile consid… Read More
2015-11-19 08:26
Today, the court is empowered under section 21 of the Succession Act 1981 (Qld) to authorise a will to be made on behalf of a person who does not have the capacity to independently make a wi… Read More
2015-10-22 03:42
Recently I’ve been contacted by a growing amount of people who are worried about the effectiveness and in some cases ulterior motives of a representative of an estate.
An executor or t… Read More
2015-06-16 04:06
I am often approached with matters which involve a deceased person having changed their will suddenly before their passing.
A claim of suspicious circumstances surrounding the execution of a… Read More
2015-05-04 06:45
I recently read the case Ioppolo v Conti [2015] WASCA 45 with interest. This case addresses a number of issues which need to be taken into consideration when devising a succession plan for y… Read More
2015-03-19 01:34
On 26 February 2015, the Western Australia Supreme Court handed down a significant and reinforcing judgement in the context of family provision claims in large estates.
What were the facts?… Read More
2015-02-26 02:25
On 17 December 2014, Justice Philippides of the Supreme Court of Queensland, in RKC v JNS [2014] QSC 313, authorised a statutory will on behalf of a minor pursuant to the court’s power… Read More
Subscribe to Australian Estate Law Today - Australia's Leading
Get updates delivered right to your inbox!