As we get older, some things just get harder to manage. That goes especially for the traditional family home. When you’re in your 30s, maintaining a house with two big yards is something to look forward to on the weekend. But when you’re in your 60s, you just want to enjoy your retirement. For many of my parents’ generation – the Baby Boomers – the decision to downsize is a tough … [Read more...]
Not So Fast, the Rightful Owner’s Furious.
A battle over a stolen Lamborghini has shown that possession really isn’t 9/10th of the law. It all began when a widow went searching for her late husband’s prized Lamborghini Espada, gifted to her in his will and thought to be stored in a farm shed, only to discover the car had been stolen. Some time after it was pinched, the car was bought by a collector, who had it in his possession for … [Read more...]
Relationships Register – It’s good….but…
The Relationships Register Act 2016 and the register itself, recently came into effect this week (August 2017). A press release from the Premier’s Department heavily emphasised the ability for same sex couples to now register their relationship (like a marriage). Of course, the register can be used by anyone in a relationship, gay or straight. However, and this is where I am critical of the … [Read more...]
Fighting Families: Why People Contest Estates?
While blood may be thicker than water, this is not always enough when it comes to preventing families from bickering over the estate of a loved one. While it doesn’t happen all the time, it does happen and, and it would seem that having a Will in place, does not necessarily make this less likely to occur. Typically, the larger the estate, the more likely it is for disputes to arise between the … [Read more...]
Elder Financial Abuse: A Growing Concern
There is growing talk about younger generations moving into adulthood with a sense of entitlement. While this condition is often spoken of in relation to Gen Y’s; a sense of being entitled to things in the ‘now’ and without having worked for them is an affliction to which no generation is immune. Of course, while it is one thing to expect to have material things handed to you on a silver … [Read more...]
What does a good estate lawyer do?
While most lawyers draft Wills, unfortunately (and it pains me to say this), not all of them do this well. This begs the question, what does a good estate lawyer do, and, how do I know if the person drafting my Will is any good? It is important to note that if you die without a Will you die intestate. Essentially this means that, since you fail to express your wishes, there can be no … [Read more...]
The Loss of a Loved One: Where to Next?
The loss of a loved one is a profound and overwhelming experience. Not only do you need to deal with your personal grief and the roller-coaster of emotions, but you may also be responsible for finalising the financial affairs of the deceased. The most common question we hear from our clients when they have lost their loved one is, “What do I need to do now?” Such a question, tinged with … [Read more...]
Last Testament 101: Five Common Will Myths
1. If I die everything will automatically be given to my husband/wife or partner. 2. I don’t have any assets so I don’t need to make a Will. 3. I can just write my own Will using a kit or a note about what I want to happen. 4. I won’t be around, so I don’t need to think about it. 5. I made my Will years ago so I don’t need to update it now. 1. If I die everything will automatically be given … [Read more...]
Will Kits Strike Again!
I love Will Kits! Strange for a lawyer to say that isn’t it? I love them because no matter how many I see there are always problems with them, not necessarily by the form itself but by the way people complete them (or sometimes don’t complete them). And in my world, problems equals profits. The most innocuous of issues can lead to big expense as a recent example examined by the Supreme … [Read more...]
Death Tax Implemented in UK Spells Warning for the Future of Probate Fees in South Australia
For a long time now I have been an outspoken critic of the trend for governments to move towards heavy taxes being imposed on Australians for probate services. Last April (2016) I responded to the latest Probate fee increase implemented by the South Australian Government. The fee increase, was, as I went on to explain, “…so exorbitant there can be no other way to classify it other than the … [Read more...]
- 1
- 2
- 3
- 4
- Next Page »
