When Does A Power of Attorney Begin? Powers of attorney can be general or enduring. ‘Enduring’ simply means that the powers you give endure beyond you losing mental capacity. Today, we are talking about Enduring Powers of Attorney that give powers in relation to financial, legal and personal matters. These powers of attorney can begin […]
Get In Order in 2017 One of your New Year’s resolutions may have been to get organised in 2017, or maybe it’s on your list of New Year’s resolutions every year. Well, in getting organised, here are some of the things you should think about to make sure that the wealth you are creating is […]
Case Study: Single Mother Without Powers of Attorney Sara is a single mother raising her four-year-old daughter Michelle and two-year-old boy Matthew. Although she was devastated that her relationship with the father of her children failed, she has really embraced being able to do things her own way. She gets to choose what her children […]
The Correct Way to Transfer Control of Your Family Trust Many small businesses and farming businesses are run in a family trust structure, and many families use family trusts as an investment vehicle, and perhaps own their investment properties in a family trust. Family trusts can be a great vehicle, particular for those who set […]
ACQ5 Global Awards 2016 – Wills and Estates Planning Lawyer of the Year TBA Law proud to announce that we have won another business award in a global industry magazine. ACQ5 announced to the world the winner of the 11th Annual ACQ5 Global Awards for 2016, and we were one! The 11th Annual ACQ5 Global […]
Equalising Inheritance Through Your Will People will often want their children to have an equal share in their estate, and in giving instructions like this is a solicitor, many may not consider non-estate assets. If a will-maker truly wants their children to all be treated equally, then they also have to consider: pre-death gifts the […]
5 Things to Never Do When Appointing a Power of Attorney There are two primary enduring powers of attorney available in Victoria. One is for medical treatment, and the other covers financial, legal and personal matters. An attorney appointed for you must act in your best interests, but not in the best interests of your […]
If you have a SMSF, what other documents should you have? Superannuation is holding more and more of our wealth. If you have a self-managed superannuation fund (SMSF), you have an more immediate responsibility to make sure that it operates correctly, and that you have considered all the succession factors you need to. The Trustee […]
Case Study: Same Sex Couple Mitchell and his partner, Cameron, live together with their young adopted daughter, Lily. They are modestly wealthy, their home being worth $800,000 with a $250,000 mortgage remaining. They each have superannuation of approximately $200,000 and life insurance each of $500,000. In Australia, as a same sex couple Mitchell and Cameron […]
Case Study: Blended Family Jay needs to do his Will and estate plan. He and Gloria are married, but Jay has two adult children from his first marriage, Claire and Mitchell. Gloria has one child from a previous relationship, Manny aged 10, who lives with her and Jay. Jay and Gloria have just had a […]
The Truth About Insolvent Estates What happens when someone dies insolvent, meaning that they have more debt than assets? The first myth is that the executor will be liable for the debts. This is not true, if the executor acts honestly and does his or her job properly. The executor should not be personally liable […]
7 Secrets About Your Self-Managed Superannuation Fund It’s no secret that the government is currently looking at changing rules around superannuation, but what are some things that already apply to our superannuation that you don’t know? Where are the governing rules of your self-managed superannuation found? There are detailed rules in legislation governing superannuation. However […]
When Does A Simple Will Become Complex? Solicitors are loath to call even a ‘simple will’ a simple will these days. There are so many aspects to the wording used that the layman doesn’t understand, not to mention the trustee powers that need to be included. But even when a will is relatively simple, there […]
Case Study: Estate Plan for well-off Nuclear Family Phil and Claire are married. They have three children, two to whom are still minors; Hayley, Alexis and Lucas. Most of their assets are jointly held: their house and bank accounts. Phil has a thriving real estate business in his own name. The total value of their […]
Estate Planning Presentation This is a presentation that I’ve given at a few different locations. I thought I would record it an make it available for everyone.
A Tricky Secret About Minor’s Trusts In a Will, we will often leave our entire estate to our children once both spouses have passed away. If those children are still minors (under the age of 18 years) then they cannot inherit until they reach that age. Quite often, in our Wills, we will say that […]
Who Can I Leave My Super To? Superannuation death benefits are not your estate assets – you have to nominate with the trustee of your super fund who you want your death benefit to be paid to.
In our case study, Jay and Gloria divorce. Gloria and Manny return to Columbia and take Joe with them. Jay and Gloria reach an amicable property settlement. Jay has two adult children from his first marriage, Claire and Mitchell, and he has the young Joe from his marriage to Gloria. Jay still has significant assets […]
Protective Trust In each family there is often a financially irresponsible child, but when it goes one step further and that child is a gambler, or has a drug or alcohol problem, you will probably want to make sure that your child does not squander your hard-earned estate when they inherit it. Cutting them out […]
This case study considers the superannuation succession planning for a man in a blended family, trying to ensure his children from his first marriage also get some inheritance
How much does a Will cost?
5 Tips for Appointing Guardians for Your Children by Jacqui Brauman If you have children, you can’t leave their future uncertain. Updating our Wills is usually the item on our ‘list of things to do’ that never gets done. Quite often, if our Wills aren’t up to date, or we don’t get the proper advice, […]
Estate Proceeds Trusts: a case study by Jacqui Brauman This case study will illustrate what an estate proceeds trust is, and how it can be used when the Will was a basic Will that didn’t set up the trust itself. In this example, Nicole’s husband Daniel has died in an accident. They have two primary […]
Google’s Inactive Account Manager by Jacqui Brauman Harry and his wife Patricia have been married for 20 years. They are an active young family with three young boys in primary school. Harry is a self-employed online marketing consultant who earns enough that Patricia doesn’t have to work, and also has flexible hours so that he […]
What Should Executors Look Out For in a Will? by Jacqui Brauman If you’re serving as the executor of someone’s estate, it may not be enough to read the provisions of the Will and follow what it says. Not only are there subtle terms of construction and jargon in Wills, but there may also have […]
What is probate? I’m quite often asked: what is probate? A lot of people think that it is a tax, and that it’s an amount that is paid depending on how big the estate is. Wrong. In most States in Australia, the fee for probate is not related to the size of the estate at […]
Estate planning for blended families can give rise to unique problems. Competing interests must be weighed correctly to limit the change of a dispute.
Where there is a breakdown in a relationship between spouses, either married or de facto, the estate plan needs to be considered.
SBS aired a show on Insight in September called “Where There’s A Will”. I didn’t see it at the time, but a lot of people mentioned it to me. So I looked it up…
Death Taxes? We have been lucky in Australia that there has not been any probate duty for decades, and that inheritance from a deceased estate is not taxed as income. Luckier still, in Victoria, we have had one of the lowest costs on probate in Australia – in other States, probate fees are based on […]
Who Is Eligible to Make A Claim Against My Will? by Jacqui Brauman From the start of this year, the legislation in Victoria in relation to family provision claims has changed. The new changes have significantly restricted the people who can make a claim against your Will. This has been done by introducing a list […]