Parenting is hard work. As the father of three healthy and rather rambunctious kids, I can vouch for this. I can also attest to the fact that being a father forced me to change my priorities and to think about the future in a way I hadn’t previously. As an Estate Lawyer, I work with lots of couples professionally and help them undertake the often daunting task of drafting their Wills. … [Read more...]
Probate & The Role of Executor
“My Great Aunt Edna just died and it seems she has listed me as her sole executor. I’m feeling quite overwhelmed and don’t know where to start.” When a family member or close friend dies it is normal to feel a whole range of feelings ranging from grief to confusion. The news that you have been named as an executor may come as a surprise (although hopefully not), and will certainly heighten … [Read more...]
Fences & the Law: What to Do When the Greener Grass Should Be On Your Side of the Fence
Have you ever wondered if your fence is in the right place? A house may be bought and sold numerous times before anyone notices there’s a problem with the boundary. If a boundary fence has been replaced at any time in the history of the property, and done so without a survey, it is quite likely the fence may not be in the correct position. This can have serious implications when it comes to the … [Read more...]
DIY Will Kits: Why Your Lawyer Loves Them
DIY Will Kits have been around for a while now and are readily available for the fraction of the price of having a Will prepared by a lawyer. In fact, you can probably pop down to your local post office right now and pick one up for less than the cost of an average pub meal. I must agree that the promises put forward by these kits makes them seem rather alluring to the average lay … [Read more...]
Nailing the New Year
I just love a clean slate. I think it goes back to my primary school days when we trundled into school late January to collect our tidy bundles of new stationery, complete with perfectly sharpened HB pencils and crisp white interleaved notebooks. I think it was the promise of new beginnings and of new opportunities that I relished. Perhaps I was just pleasantly asphyxiated on the fragrance of … [Read more...]
Estate Planning Series: Part 3 “Dealing with Non-Estate Assets”
With many ‘average Australians’ having assets which are ‘non-estate’ assets, it is crucial that these individuals develop strategies (ie an estate plan), to ensure that the control of these assets is passed to your loved ones upon your death. In part 2 of the Estate Planning series I identified some situations where assets may be non-estate. In this article I will explore some general … [Read more...]
Estate Planning Series: Part 2 “Understanding the Difference Between Estate Assets and Non-Estate Assets”
What is an estate asset? An estate asset is one held in your own personal name. Examples of these include real property held in your personal name or an interest as tenant in common, bank accounts in your sole name, vehicles and shares that are also held in your personal name. What is a non-estate asset? A non-estate asset can’t be dealt with in accordance to your Will. Non-estate … [Read more...]
Top Excuses For Not Having a Will
When you are dead, you are dead. Nothing can be done from the grave to counteract what you should have planned for when you were alive. In spite of this, too many of our clients leave it until they are in their twilight years before making the appointment to have their first Will drafted. These are the lucky few in an all too common scenario of people who have delayed drafting a Will. The … [Read more...]
Estate Planning Series: Part 1 “Not Just for the Rich”
There is a common misconception that estate planning is just something that wealthy people need to do. Wrong. While anyone with a lot of assets and capital behind them certainly needs a comprehensive estate plan, it is also important that ordinary Australians have one too. “But I’m not worth much dead.” I hear you say. On the surface this may be seem to be the case. However, if you have … [Read more...]
Caveat….Say What?
The legal world has an obsession with these lovely little words that, while sounding really special and important to those outside the profession, they really mean something which is actually quite mundane. Take the word ‘caveat’ for instance. The word, originating from 16th Century Latin, translates directly to mean ‘let a person beware’. In other words, or to put it more colloquially, it … [Read more...]
