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...]
Wax Seals and the Law
My fascination with the wax seal started about the same time as my fascination for all things related to Wills and Estates. In fact, if you were to ask my wife she might suggest that they emerged from the same passion. A few years ago she purchased me an old Probate document, circa 1880, that she came across on ebay. The document, relating to the settlement of an estate near Murray Bridge, was … [Read more...]
Celebrity Wills Blog Series (5) – Jim Morrison
James Douglas “Jim” Morrison died in July 1971 aged just 27 years from a heroin overdose. Most people know him as the lead singer of The Doors, a band who, between the years 1966 and 1971, released a plethora of music. Their work remains popular to this day with the music and associated marketing materials continuing to generate huge income in the form of album re-releases, live albums and … [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...]
Can I Gift My Inheritance to Someone Else?
At times, as Estate Specialists, we are asked questions relating to the implications for gifting their inheritance to other family members. One such elderly couple came to us asking if they could gift their share of an inheritance to their daughter. Obviously this couple had no need for the inheritance and wanted to provide the benefit to someone who would genuinely needs it. The amount involved … [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...]
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...]
Deceased Estate Without a Body?
When dealing with the administration of a deceased estate it seems obvious that you need an actual deceased person! The ordinary course of events would run as follows; Make a will naming an executor; Die; Executor obtains a Grant of Probate; Executor administers deceased estate. Simple right? As a lawyer, experienced in a great variety of Estate matters (many straightforward and … [Read more...]
“Help! I’m an Executor”
A close friend approached me last week concerned that she had been nominated executor in her grandmother’s Will, she was uncertain exactly as to what this would entail. It is a familiar scenario. Every day executors are nominated in Wills. Usually the nominated person is aware of this, sometimes they are not (in which case they are not alerted to this fact until the estate is enacted). … [Read more...]
“The Law Society South Australia Pass Motion Condemning Outrageous Hike in Probate Fees”
Recently I wrote in relation to impending changes announced to Probate fees. These fees are as as described in the article "... so exorbitant there can be no other way to classify it other than the reintroduction of a death tax." You can read the article here. On 4th March 2016, The Law Society of South Australia passed a motion to the Members of the Legislative Council condemning these fees. … [Read more...]
