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...]
Mum & Dad Banks Beware
Each morning I like to watch a few minutes of Sunrise. At least I do, until I realise that the kids are no-where close to being ready for school (and the grumbling ensues). At any rate, yesterday morning, I happened to catch a report about the rise of ‘Mum and Dad Banks’. This is the term that has been coined to describe a situation when parents provide money or security to assist their … [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...]
Buying Your Dream Home? Why You Need More Than Just a Conveyancer
Purchasing a new home is undoubtedly one of the most exciting, yet stressful of life experiences. Recently we had the absolute privilege to assist a young family secure their ‘dream home’. They, like many new couples, quickly realised that becoming a home owner was about much more than simply identifying their search area, drawing up a wish list and agreeing on a maximum budget. In fact, … [Read more...]
Changes to Stamp Duty in South Australia
As part of the 2015-2016 State Budget, the government has abolished stamp duty on transfers of non-real property, together with stamp duty on transfers of non-residential, non-primary production real property, with phasing-in commencing from 1st July 2016. Abolishment of Stamp Duty on Some Items The abolishment of stamp duty on transfers of non-real property applies to items such as plant … [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...]
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