24 11, 2014

Estate claims: Judges disagree in noteworthy farm succession case

2014-11-24T14:05:58+10:00November 24th, 2014|

Published in the Coffs Coast Advocate on 22 November 2014. When Jane’s father died, he left her his pastoral business. Jane, an only child, had devoted a large part of her life to the operation of the business. Jane’s son, Jim lived on the farm with Jane and his grandfather for many years. Jim has very few assets and owes a significant sum to the ATO as a result of his struggling fence construction business. […]

20 11, 2014

Case study shows an unsigned will can be declared valid because of ability to form an intention.

2014-11-20T13:56:35+10:00November 20th, 2014|

Published in The Coffs Coast Advocate on 15 November 2014. In May 2014, John attended his solicitor’s office for the purpose of preparing a new will and an enduring power of attorney. The power of attorney was executed at the time but although John wished to leave the whole of his estate to his cousin, John decided to give his choice of executor some more thought before executing his will. […]

20 11, 2014

Estate planning can help prevent costly and emotional disputes

2014-11-20T13:52:05+10:00November 20th, 2014|

Published in The Coffs Coast Advocate on 8 November 2014. Julie and John are in their early 60s. They have been in a de facto relationship for the last 15 years. Both Julie and John have two children to previous relationships. When John dies at the age of 63, it is discovered that his will leaves the whole of his estate to his two children, Tony and Daniel. His will also appoints his two children as joint executors. […]

30 10, 2014

Claiming expenses after being injured in a motor accident

2014-10-30T10:21:21+10:00October 30th, 2014|

Published in the Coffs Coast Advocate on 25 October 2014. Peter and Bev are unfortunately involved in a motor vehicle accident after recently retiring. Peter was driving the vehicle at the time but was not “at fault”. They both suffer serious injuries. They seek advice from their solicitor, who informs them that it is necessary to lodge an accident notification form within one month from the date of the accident in order for immediate medical and out of pocket expenses up to $5,000 to be claimed. Their solicitor also informs them that a full claim form must be lodged within six months from the date of [...]

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. […]

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