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What are digital assets?

Published: June 24, 2019 | Author: Duncan

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

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

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

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

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

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 […]

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Attorneys and Binding Death Benefit Nominations

Published: April 15, 2019 | Author: Chloe

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 Pty Ltd [QSC] 185 it was unclear as to what an attorney could do in relation to a principal’s Binding Death Benefit Nomination after […]

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Superannuation and your Will – What you need to know

Published: February 13, 2019 | Author: Chloe

Superannuation is one of the most important investment strategies for many of us, and in some cases, it is the only means of financial support in retirement.  However, there is a general lack of understanding as to how superannuation is dealt with in the event of death. Important aspects in relation to your superannuation Some […]

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Your Will – what should you be telling your solicitor?

Published: June 21, 2018 | Author: Chloe

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 answers to my questions. It wasn’t hard to figure out that there were some underlying issues in my client’s marriage which was […]

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World Elder Abuse Awareness Day

Published: June 15, 2018 | Author: Chloe

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 minds to and do our part to help others understand the challenges of our elderly. Practicing in the area of wills […]