4 05, 2015

What constitutes a valid legal will?

2015-05-04T10:03:07+10:00May 4th, 2015|

Published in the Coffs Coast Advocate on 25 April 2015 At Jim’s death, he owned two properties in Coffs Harbour and also had a large bank account. Jim’s sister, Jane seeks advice from a solicitor regarding whether the handwritten notes can constitute a will and whether the notes revoke Jim’s 1994 will. […]

4 05, 2015

The dangers of not updating your legal documentation

2015-05-04T09:57:50+10:00May 4th, 2015|

Posted in the Coffs Coast Advocate on 18 April 2015 In 2002, James makes a will leaving his home to his son John and the rest of his estate to his other son Joseph. John had always expressed a wish to receive the family home and James had sufficient assets in the rest of his estate, including a substantial bank account, to properly cater for Joseph. At the same time as making his will, James executes a power of attorney that allows John to manage James’ assets should he lose the capacity to do so himself. […]

12 04, 2015

Binding financial agreements can be used to protect your family

2015-04-12T08:51:58+10:00April 12th, 2015|

Published in the Coffs Coast Advocate on 11 April 2015. Jane is in her early 60s. Her husband died several years ago and they had 3 children together. Jane is in the early stages of a relationship with John and is concerned about protecting her assets against any future action that John may initiate if their relationship breaks down. She is particularly concerned about preserving her assets for her children. […]

9 04, 2015

Take care with nominations

2015-04-09T08:51:48+10:00April 9th, 2015|

Published in the Coffs Coast Advocate on 4 April 2015. John’s assets consist primarily of a very large self-managed superannuation fund (SMSF). John and his wife, Jane are both members and trustees of the SMSF. John and Jane each have two children to previous relationships. John makes a will, leaving the whole of his estate to Jane and his two children equally. He appoints all three beneficiaries as his executors. […]

22 03, 2015

Rebutting an allegation of undue Influence

2015-03-22T10:06:52+10:00March 22nd, 2015|

John and Jane are in the 50s. Their home in Coffs Harbour is subject to a mortgage of $400,000. John’s widowed mother, Gillian is in her 70s, and after discussions between the parties, Gillian moves in with John and Jane. Not long after Gillian moves in, she gives John and Jane the sum of $300,000. The money is used to reduce the mortgage over the Coffs Harbour property and is evidenced by way of a loan agreement whereby the $300,000 is repayable to Gillian upon demand. […]

14 03, 2015

Consequences of Drink Driving

2015-03-14T11:00:12+10:00March 14th, 2015|

Published in the Coffs Coast Advocate on 14 March 2015 John was celebrating at his local bowling club after a successful day’s play. He and his friends each consumed three schooners of beer within a couple of hours. His friends decided to walk home but John regrettably decided to drive. Not long after leaving the bowling club, John was pulled over by the police and subjected to a random breath test. […]

10 03, 2015

The hidden complexities of “simple” wills

2015-03-10T07:28:40+10:00March 10th, 2015|

Published in the Coffs Coast Advocate on 7 March 2015 John and Jane have been married for 30 years. They have three children together. John makes a will, leaving Jane a lump sum of $500,000 together with his “personal effects”. He leaves the rest (or “residue”) of his estate to his three children equally. […]

1 03, 2015

Get family arrangements documented

2015-03-01T09:15:02+10:00March 1st, 2015|

Published in the Coffs Coast Advocate on 1 March 2015 Jim and Jane have been married for more than 50 years. They are both in their 80s and Jane has recently been admitted into a nursing home after being diagnosed with dementia. Jim still resides in their matrimonial home but now also requires the care that a nursing home can provide. […]

26 02, 2015

Some Joy for a party to a property settlement

2015-02-26T09:13:13+10:00February 26th, 2015|

Published in the Coffs Coast Advocate on 21 February 2015 Jim and Joy have been married for 25 years. They own their home in Coffs Harbour jointly. Their home is no longer mortgaged and is worth $700,000. They have $300,000 in a joint bank account and no other assets of any significant value. Jim migrated from Europe many years ago and now that he is over 65, he receives an overseas pension in addition to a part Australian Age Pension. […]

17 02, 2015

Problems in the mix if blended families involved

2015-02-17T08:50:21+10:00February 17th, 2015|

Published in the Coffs Cost Advocate on 14 February 2015 Joy and John have lived together in a de facto relationship for more than 20 years. John has made a will, appointing his daughter from a previous relationship, Judy as his executor. John’s will leaves his motor vehicle, his household belongings and the sum of $50,000 to Joy. The will also grants Joy the right to reside in John’s home and sets aside a further $20,000 to pay for rates, insurance and the costs of keeping the home in reasonable repair. […]

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