Scenario: Mrs Smith married Mr Smith who had two children from a former marriage. Mrs Smith had no natural children of her own. Mr Smith predeceased Mrs Smith with Mrs Smith dying several years later. Are the children of Mr Smith entitled to make a claim against the estate of the Mrs Smith? The children of Mr Smith became the legal step-children of Mrs Smith at the time of the … [Read more...]
Making Changes to your Will?
I drafted my own Will using a Will Kit a couple of years ago, but my circumstances have since changed and I want a few things altered. Is it okay if I just handwrite the changes in the margin and then sign and then date those changes? Is it okay? The simple answer to this question is no, absolutely not; but the complex answer to why this is the case is not so straightforward. Firstly, a … [Read more...]
“I’m uncomplicated so my Will should be pretty straightforward, right?”
If I had a dollar for every time someone said this to me I could retire right now. You see everyone thinks that their circumstances are straightforward and it follows then that they believe that their Estate needs will be easily satisfied with either a “cheap Will”, a blank template where you enter names and addresses; or, even worse, a DIY Will Kit. Truth is, few Wills actually are … [Read more...]
Estate Planning With Special Needs in Mind
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...]
