19 09, 2014

The unintended consequences of being made an executor

2014-09-19T15:19:12+10:00September 19th, 2014|

Jill’s husband died several years ago. She now owns the family home in Coffs Harbour and has accumulated a substantial superannuation fund. Jill’s son Robert lives nearby and visits her most days to help her with various things including shopping and household maintenance. Robert is also concerned for Jill’s health. Jill has two other children who have moved to Brisbane and have had very little contact with her for many years. […]

19 09, 2014

The Time Limits that apply to Motor Vehicle Accident Personal Injury Claims

2014-09-19T15:18:43+10:00September 19th, 2014|

Paul is injured in a motor vehicle accident in Coffs Harbour. He receives significant injuries including a fracture to his right thigh and an injury to his right knee. Unfortunately, Paul needed some significant treatment after the accident including a period of 14 days in hospital and he does not think about any claim that he might have for personal injury until about 3 months after the accident when he seeks advice from his solicitor. […]

19 09, 2014

Superannuation and the spouse “blow-in” surprise

2014-09-19T15:17:34+10:00September 19th, 2014|

Robert and Joanne have been married for many years. They have three children together and their assets consist of their family home and a substantial amount of superannuation funds. Sadly, Joanne passes away in her early 60s and Robert receives the whole of her estate. […]

19 09, 2014

The Mysteries of Copyright Protection

2014-09-19T15:15:34+10:00September 19th, 2014|

In his retirement, Robert is persuaded by his friends and relatives to write down some of the stories that he has told in the past, which he has been told are very good. Robert commences writing a number of stories and posts these stories on his facebook page and allows his friends and relatives access to his page. […]

19 09, 2014

The Financial Benefits of a Sea Change

2014-09-19T15:11:20+10:00September 19th, 2014|

Jack and Jill currently live in Sydney. They have adult children and grandkids living in Coffs Harbour. They are looking to move to the mid north coast to be closer to their family and to enjoy one of the best climates in the world. Jack and Jill have found a block of land in the Coffs Harbour area. The block is part of a subdivision although the plan of subdivision is yet to be registered. They are able to exchange contracts, securing the block, with settlement to occur 14 days after the plan is registered. They are advised by the vendor’s solicitor that settlement is likely [...]

14 08, 2014

Super Sibling Rivalry

2014-08-14T16:07:49+10:00August 14th, 2014|

Peter and Mary have established a self-managed superannuation fund. The fund consists of a commercial property and a substantial amount of cash held in fixed term deposits. They are both members of the fund and directors of the corporate trustee. When Peter dies, Mary exercises her discretion as Joseph’s executor and director of the trustee of the fund to pay herself a portion of Peter’s member balance as a lump sum and elects to receive the rest in the form of a reversionary pension. […]

10 12, 2013

Till Death Do Us Part

2013-12-10T12:08:13+10:00December 10th, 2013|

This week’s column highlights the effect of marriage on your will. Jack and Jill each have two adult children to previous relationships. After seeing each other for a year, Jill moves into Jack’s home and they decide to make new wills. Both wills leave “everything to my spouse” and then alternatively state: “If my spouse predeceases me, I give the whole of my estate to the four children…(who are named)”. Jack and Jill get married one year later. They are happy with their wills and see no need for them to be updated. […]

3 12, 2013

De Facto Danger

2013-12-03T11:17:19+10:00December 3rd, 2013|

Jack and Jill are in their early 60’s. They have two children in their 30’s. After Jack’s death, Jill meets Romeo. Jill and Romeo start seeing more of each other and often go out for dinner together. Sometimes they stay home and Jill prepares the meals from ingredients purchased by Romeo. Romeo continues to rent a unit but they begin to stay overnight at each other’s places regularly. […]

3 12, 2013

No Such Thing As A Free Lunch

2013-12-03T10:37:50+10:00December 3rd, 2013|

Greg and Linda are in their 60’s and have three children. They own two properties and wisely decide to make wills. They are aware that they can have their wills prepared by the Public Trustee for “free”. They make an appointment to have their wills drafted and later attend another appointment to execute their wills. […]

3 12, 2013

Is An iPhone Will Valid

2013-12-03T10:02:13+10:00December 3rd, 2013|

Bill is home alone while his wife Julie is visiting her parents in Sydney. Unfortunately Bill takes a turn for the worse and begins to suffer debilitating chest pain. He uses his iPhone to call an ambulance which is immediately sent to his home. […]

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