Is a testamentary trust right for you?

One of the most loving things that you can do for your family is make plans for what happens after you die. This is particularly important if you have children or vulnerable adults who depend on you financially. A testamentary trust might be the right tool to help you...

Ensure the Will is up to date before a loved one loses capacity

The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make...

Self Managed Super Funds – Buying Property

Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property. Prior to 2007, SMSFs could purchase property but were not permitted to...

Death and superannuation benefits

It is important to understand the interplay of the laws governing superannuation, tax and succession when planning your estate. Appreciating how these laws interact can help avoid some common pitfalls in estate planning and may have a significant impact on the net...

Secret relationships and not having a Will

Disputes over a deceased’s estate are complex, emotionally draining and risk depleting assets that would otherwise be available for distribution to beneficiaries. That is why having a valid Will and a Binding Death Benefit Nomination (BDBN) makes good sense. A Will...

The Process of Obtaining Probate

Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and vests title to the estate’s assets in the named executor/s. This is the official process that enables the executor to legally deal with the deceased’s...