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...]
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...]
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...]
WHAT RIGHTS DOES A STEP-CHILD HAVE TO YOUR ESTATE?
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...]
