Having a will in place is the best way to try and make sure that a person’s wishes are honoured when they pass away, and to make the process easier on those left behind who are dealing with grief. For a person to prepare a will they need the capacity to understand the nature of […]
Separation and its effect on estate planning is not always the first thought on the mind of former partners as they attempt to navigate the breakdown of a relationship. Notwithstanding, the end of a relationship may have significant impacts on what happens in the event of one party’s death. In NSW, a divorce revokes any […]
A Power of Attorney is an important document in nominating the right party or parties to manage a person’s (“the principal’s”) financial affairs, either for in a specific instance, or in the case of an enduring guardianship, in the event that the person can no longer manage their own affairs during their lifetime. Attorneys […]
For those coming to terms with the loss of a loved one, the process of notifying the various government departments, financial institutions and other organisations can be overwhelming in an already difficult time. There have been calls to streamline the process of notifying the organisations required to be notified when someone passes away, as […]
We have all of the heard of the various tales regarding a Last Will and Testament. We have endeavoured to deal with a few of those wives tales hereunder to demonstrate the need to give careful consideration to the preparation of Estate Planning Documents including Last Will and Testament, Appointment of Enduring Guardian and […]
It is not uncommon on the passing of a loved one to find that they had typed up or hand written their own version of a document outlining their testamentary wishes. A problem for those left behind arises where the well intentioned deceased failed to prepare a document that complies with the strict formal requirements […]
In a recent article, I discussed the findings of the Supreme Court of South Australia on the issue of revocation of a will where a Thai will was found not revoke a will previously made in Australia, as the intention of the Thai document was only to deal with assets in Thailand. This approach requires […]
Just in case a heated family Christmas makes you reconsider who gets what in your will, here are some things you should know about changing or revoking your will, writes estate planning lawyer TERRY MORGAN. Why should I change my will? You should review your will on a regular basis in order to keep it […]
A last will and testament functions to allow a person to direct the roles of executor and beneficiary of the estate of the deceased to particular persons that survive them. However, the question of whether a person has legally survived the willmaker can be impacted upon by several factors and be surprisingly complex and has […]
An Enduring Power of Attorney is a legal document that allows a person (the principal) to nominate one or more persons (referred to as attorneys) to act on behalf of the principal. An Enduring Power of Attorney gives the attorney the authority to manage the legal and financial affairs of the principal in the event […]







