Wills & Estates I Baker Love Lawyers Newcastle

March 22, 2023
By admin
Commercial & Business Law, Wills & Estates
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Sole Director and Shareholder Estate Planning Considerations

There can be many difficulties that may arise when an individual dies without a will. But when a Sole Director/Shareholder of a company dies without leaving a will the ramifications can be even more significant. The passing of the Sole Director/Shareholder will often leave the company without any individual who is duly authorised to immediately […]

November 25, 2022
By admin
Wills & Estates
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What is the Appointor and Settlor in a Family Trust?

Discretionary Trusts, also commonly referred to as Family Trusts are often used to hold a family’s assets or to conduct family business affairs. By correctly structing a Discretionary Trust, a number of unnecessary complications and additional costs can be avoided. When establishing a Discretionary Trust, there are several key considerations which the parties to the […]

September 23, 2022
By Liam Tobin
Wills & Estates
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Special Disability Trusts

Every family is different, and good estate planning will explore lots of different tools to make sure that your family are properly looked after, including implementing various trust structures. What is a Special Disability Trust? A Special Disability Trust is a trust that receives special treatment pursuant to the Social Security Act 1991 (“the Act”), […]

Can my Executor change my Will?

The short answer: Yes, it is technically possible, but not how you might think! What is an Executor A question that often comes up when asked who you would like to nominate as your executor. The role of an executor is to carry out your wishes as recorded in your last will and testament. The […]

August 30, 2022
By Liam Tobin
Wills & Estates
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Rectification and Construction: When a Will needs help to get the job done

The golden rule of when to change your will is when you no longer have a document that properly sets out your current wishes. This is usually due to changes in your feelings or circumstances. Unfortunately, it is also the case that sometimes the will doesn’t set out your wishes because there are problems with […]

Death and Taxes. Is there an Option when it comes to Property in a Deceased Estate?

Ben Franklin claimed that: In this world nothing can be said to be certain, except death and taxes. Transfer Duty in Deceased Estates While Australia doesn’t currently impose death taxes, the gifting of real estate in a person’s will can trigger Transfer Duty (formerly known as Stamp Duty, and yes, not technically a tax), payable […]

February 24, 2022
By Liam Tobin
Wills & Estates
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Commission – Compensating for Pains and Trouble when Administering an Estate

Losing a loved one is a difficult time for everyone. The person appointed in the Will as the Executor carries the additional burden of making sure that the estate is properly administered. This person may be a family member, friend, or trusted professional of the deceased, such as an accountant or lawyer. Entitlement to […]

November 25, 2021
By Liam Tobin
Wills & Estates
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Remote Witnessing in NSW Here to Stay

As NSW embraces more and more freedoms and looks to the future following the COVID-19 pandemic, the NSW Government has just announced that one useful response to the pandemic is here to stay. In response to the lockdowns imposed over the last 18 months, the NSW Government implemented a remote witnessing scheme, allowing for […]

October 25, 2021
By Liam Tobin
Wills & Estates
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Has it all Gone to the Dogs? Looking after Animals in Wills

Whether it’s the plot of a Hollywood movie or a threat to the children to keep them in line, the idea of leaving all of a person’s estate to their pet when they die seems to surface from time to time. Unfortunately for all of the pets out there that were hoping to match the […]

September 22, 2021
By Liam Tobin
Wills & Estates
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Hidden Meanings in Prescribed Terms of a Power of Attorney

A Power of Attorney can be created by someone (“the principal”) to appoint a desired person or people to make financial and property decisions for the principal in circumstances including where they lose the ability to make their own decisions. There is a prescribed version of a Power of Attorney which contains prescribed phrases with […]

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Wills & Estates

Sole Director and Shareholder Estate Planning Considerations

What is the Appointor and Settlor in a Family Trust?

Special Disability Trusts

Can my Executor change my Will?

Rectification and Construction: When a Will needs help to get the job done

Death and Taxes. Is there an Option when it comes to Property in a Deceased Estate?

Commission – Compensating for Pains and Trouble when Administering an Estate

Remote Witnessing in NSW Here to Stay

Has it all Gone to the Dogs? Looking after Animals in Wills

Hidden Meanings in Prescribed Terms of a Power of Attorney

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