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Case Study: How a Power of Attorney Can Save You
Who will make medical or financial decisions for you if you are incapacitated? Losing capacity is not a topic many of us like to envisage. However, with proper planning you can ease the burden on family members and loved ones by being prepared. The importance of having a designated alternative decision maker is illustrated by […]
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Why Estate Planning Should Be On Your Christmas Wishlist
By Anna Thompson, Legal Assistant With the festive season quick approaching and celebration and holiday preparations being made, it is time to start thinking about presents for your loved ones. This year, think about giving a gift that benefits both you and your loved one: the gift of an estate plan. The Perfect Holiday Gift […]
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Why Every Parent Needs A Will
By Elizabeth Michael, Principal Lawyer and Notary Public As a parent, you want to do everything in your power to protect your children and ensure their wellbeing. One crucial step towards achieving this goal is to have a will in place that appoints guardians for your minor children. A will is a legal document that […]
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Why Drafting Your Own Will Is A Bad Idea
By Jordyn Nichols, Lawyer What is an Informal Will? An informal will is a document that sets out a person’s testamentary intentions but does not satisfy the legal requirements of execution under Section 7 of the Wills Act 1997 (Vic). There are a number of reasons why someone may choose to write their own will, […]
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The Importance of Estate Planning Before Capacity Becomes an Issue
We should all plan for our future. Certainly, we should all have a current will, especially those of us who need to make special arrangements for the care of children or pets. Many of us would also benefit from making a formal arrangement to account for a time when we could find ourselves unable to […]
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Deceased Estates – What Happens When Executors Don’t Agree?
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and these individuals normally need to work cooperatively to execute the duties of […]
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Succession Planning for Business Owners
As a business owner, you deal with many responsibilities, including having to decide what to do with your business when you move on. Sometimes the logical endgame for a business is to be wound up, but in most cases, the aim is a smooth transition to new ownership. This is particularly important if you plan […]
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De Facto Partners – Who Gets Your Super When You Die? Some Common Myths Debunked
Superannuation is an important asset that many Australians accumulate throughout their working lives. If you are in a de facto relationship, do you know who will receive your super when you die? Myth #1: I have made a Will. It is all sorted. It is a common misconception that having a will is enough. This […]
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Dying Intestate – The Perils of Not Making a Will
It is absolutely crucial that you make a Will to avoid the perils of dying intestate. A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive […]
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Secure Your Legacy: The Importance of Mental Capacity in Will-Making
The importance of mental capacity in will-making cannot be overstated. Sadly, it’s all too common for family members to argue over the ‘state-of-mind’ of a loved one after they have passed away, leading to contested wills and bitter disputes. The mental capacity of a person can come into question due to aging or declining health, […]
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