From the moment our children are conceived the worrying starts. Perhaps there is no greater fear than the one of, who will look after my children if I should die unexpectedly and prematurely? When a spouse dies during a marriage or committed relationship, the surviving spouse will ordinarily assume the sole parenting role. While occurring today with less frequency, what happens if the greatest … [Read more...]
There is no such thing as a ‘free’ Will’
While watching the footy one Sunday afternoon, an advertisement for an insurance company came on the television. In addition to selling insurance, the company told viewers that if they signed up within the next month they would receive, free of charge, a Will Kit. I imagine that a lot of people watching the advertisement thought it was a good offer. After all, who can resist a freebie? A Will is … [Read more...]
Can I leave someone out of my Will?
A recent judgement out of the Supreme Court of South Australia sends a timely reminder to all Will Makers, that trying to successfully leave someone out of your Will is still a very difficult and tricky proposition. For many years now a myth has been perpetuated in many circles relating to the misconception that leaving someone a ‘token’ amount in your Will is a sound tactic for preventing … [Read more...]
Selling an Investment Property: Know Your Legal Obligations
While property has the capacity to generate an income for the investor, there may come a time when you, the investor, wish to cash the investment in and move on. What happens then, if the property you wish to sell is currently tenanted? More specifically, what are your legal obligations to the tenant in these circumstances? Section 71A of the Residential Tenancies Act 1995 (SA) requires that the … [Read more...]
Digital Assets: Your Online Life After Death
With rapid advancements in technology there is the increased likelihood that you have created a digital presence and online identity. As time goes by many of our ‘possessions’ are becoming digitised, creating a new category of personal property that being the ‘digital asset’. What is a digital asset? A digital asset is anything you may own, or have rights to, that exist either online or on … [Read more...]
Who Gets the Fur Baby? Pets & Separation
In 2016 there were 24 million pets in Australia. In fact, last year 62% of Aussie households had at least one pet. One only needs to undertake a quick google search to realise that doggie and feline hotels, day care facilities and designer pet accessories are big business. Certainly, the booming pet care industry reflects a significant change in attitudes towards our furry friends. Indeed, … [Read more...]
Celebrity Wills Blog Series: (1)Robin Williams
Every adult needs a Will. I say and write that repeatedly when speaking with new clients, current clients, friends or the public when presenting seminars or information sessions. So why do we not think that celebrities don’t have a Will? Of course they do. Celebrity Wills range from the complex, think Michael Jackson, to non-existent, Amy Winehouse or, (would you believe it?) Abraham … [Read more...]
Wills & Estates Planning: The Differences Made Simple
What is difference between making a Will and an Estate Plan? We have provided a case study to help explain the difference. Firstly, a Little Background A client was concerned that at their death, their assets could be sold off by the surviving spouse during their remaining lifetime. A solicitor was instructed and a comprehensive testamentary trust was developed at some expense. … [Read more...]
Estate Planning After Separation and Divorce
I have been married for several years but have recently separated from my spouse. We have finalised a property settlement, but are yet to get around to being officially divorced.. I don’t have a Will, does this mean my former spouse will still have access to my estate when I die? The simple answer is yes. Whilst you may be separated, you are still legally married and have a legal ‘spouse’ in … [Read more...]
E-Filing for Divorce Applications
We live in a world in which we are increasingly electing to do certain things using online platforms such as grocery shopping and paying bills. It is becoming a way of life; the new norm so to speak. While it is fair to say that law has been slow in the uptake, some legal processes are now occurring in cyberspace. From 1st March 2017 an Application for Divorce will no longer be able to be … [Read more...]
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