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Should young people have Wills?

Published: September 10, 2019 | Author: Duncan MacDougall

One of the biggest estate planning myths is that only older people need Wills. While young people (over the age of 18) may not want to think about ‘what if?’ or even consider making a Will, estate planning is important for them too. Most young people may underestimate their net worth – or even their potential […]

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Why a Will is crucial for a Sole Director and Shareholder

Published: August 21, 2019 | Author: Chloe Kopilovic

Do you operate a small business in the form of a sole director/shareholder company? Are you responsible for the overall operation of the company, including generating and operating the business, raising purchase orders and invoices, settling accounts and keeping proper financial records? If you answered yes to the above questions, then having a Will is […]

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Tenants in Common vs Joint Tenancy

Published: July 22, 2019 | Author: Duncan MacDougall

Understanding the difference between joint tenants and tenants in common is important if you are looking at your estate planning. If a Willmaker understands the difference, then they can make a decision that best reflects their intentions. What is the difference? The difference relates to how each person intends to hold the property – for example, you […]

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Family Provision Applications – Not a Fleeting Process

Published: July 18, 2019 | Author: Chloe Kopilovic

There’s no doubt that being left out of a Will, no matter how big or small the estate is, can result in high emotions. Recently, Bob Hawke passed, and it is understood that he left a multimillion estate. Even Hawke’s estate is not immune to a family provision application – with reports suggesting his daughter […]

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What are digital assets?

Published: June 24, 2019 | Author: Duncan MacDougall

Digital assets include your online accounts, electronic banking information, hard storage devices, smartphones, online subscriptions/memberships, social networking accounts etc., that contain data, which can be personal or financial. One of the most important digital assets is a ‘digital wallet’ or an ‘e-wallet’. Nowadays, there are apps and mediums, such as Google Wallet, Pay Pal, and Apple/Android Pay […]

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Probate caveats – Should you be filing a probate caveat?

Published: June 7, 2019 | Author: Chloe Kopilovic

A probate caveat is a document that can be filed in the Court, which indicates there may be a challenge to the validity of the Will. Once the probate caveat is filed, the executor or administrator of the estate is prevented from taking any steps in relation to the Will or the estate. Filing a […]

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An Enduring Power of Attorney – Just as Important as your Will

Published: May 23, 2019 | Author: Chloe Kopilovic

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 arrangements of a loved one. However, if that loved one does not have an Enduring Power of Attorney, the […]

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Superannuation Death Benefit Claim – What You Need to Know

Published: May 7, 2019 | Author: Chloe Kopilovic

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 only comprise the deceased’s member account balance, but also a death benefit payment. Sometimes, this significantly increases the value of the trust asset. If the […]

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Who is considered a spouse or de facto spouse?

Published: May 2, 2019 | Author: Chloe Kopilovic

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 spouse is eligible to make an application for provision against a Will where they have not been adequately provided for. […]

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Deceased lost or unclaimed superannuation

Published: April 23, 2019 | Author: Chloe Kopilovic

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 superannuation. What can I do to locate the lost or unclaimed superannuation? Firstly, it may be useful speaking to family and friends to determine whether they are […]