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Making a digital estate plan and appointing a digital executor
Many people put off making a Will. Add the intricacies of technology and having to consider what happens to our digital life after we die, and it’s easy to understand how one might feel completely overwhelmed. However, as most of us continue to expand our online presence and accumulate a range of online accounts and […]
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Electronic Will Signing
Did you sign your Will remotely by electronic means during Covid lockdowns in Victoria? New case law suggests this needs to be reviewed URGENTLY. During COVID lockdowns in 2020 and 2021, the need for remote execution of wills became increasingly important. In Victoria, Parliament passed legislation allowing for the remote execution of wills.[1] Traditionally, wills […]
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Appointing a Solicitor as Executor of your Will
An executor is a person who will carry out the instructions in your Will once you have passed away. In general, you can appoint any person as executor of your Will, this includes solicitors. It is not uncommon for a solicitor to be appointed executor of a Will. The advantage of having a solicitor […]
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Do you have an SMSF? How to make sure your loved ones receive your super when you die
It’s hard to imagine the difference that one document, often only one page in length, could make to the distribution of your estate. It is a common misunderstanding that having a Will is all that is needed in estate planning. While a well-prepared Will is an essential part of any good estate plan, failing to […]
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The process of obtaining probate
Probate is a grant made by a Court that ‘proves’ the Will of a deceased person and vests title to estate assets in the executor/s. This is the official process that allows the executor to deal with the deceased’s estate. As the legal personal representative of the estate, the executor must determine the assets and […]
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Wills for Blended Families
Making a Will is important, particularly if you are part of a blended family. A blended family is a family in which one or both partners have a child or children from a previous relationship. Careful estate planning now should ensure that all of your intended beneficiaries are provided for when you die and […]
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FAQ on Estate Planning
While many people are unlikely to nominate estate planning (aka “Thinking about what will happen to my assets when I die”) as being on their “most wanted things to do” list, in reality, this is something that should be on all our “must do” lists. Proactively planning for how you would like your assets distributed […]
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Can your ex-de facto inherit under your Will?
Once upon a time you were happily living together with your de facto partner. Roses were bought, dinners were cooked, finances were shared and Wills were signed leaving all your assets to the other partner in the event of what you then thought of as the far away time of your tragic passing. Thoughts of […]
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Changes to Powers of Attorney – Victoria
On 1 May 2017 the Powers of Attorney Act 2014 (Vic) was amended by the Powers of Attorney Amendment Act 2016 (Vic). The amending Act introduced changes to clarify some operational and other matters associated with the making of a power of attorney. Further changes are forecast with the new Medical Treatment Planning and Decisions […]
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Marriage, divorce and your Will – What you need to know
About half of all Australians don’t have a valid Will. Of those who do, many put their Will away in the bottom drawer of their filing cabinet and never think of it again. But making a Will is not a once in a lifetime task. Rather, it’s something that needs to be reconsidered and perhaps […]
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