-
Binding Financial Agreement
- Mar 24, 2025 Why You Should Consider a Binding Financial Agreement for Estate Planning Mar 24, 2025
-
Estate Challenges
- Feb 3, 2025 Would You Want Your Spouse to Remarry After You Die? Feb 3, 2025
-
Estate Law
- Mar 10, 2025 What Breaks My Heart About Being a Wills Lawyer Mar 10, 2025
- Feb 10, 2025 9 Secrets to Protect Your Estate Feb 10, 2025
-
Estate Planning
- Jun 16, 2025 What’s on Your Bucket List and Why? Jun 16, 2025
- May 26, 2025 5 Profiles, Blogs, and Podcasts I Actually Follow (And Why You Might Too) May 26, 2025
- May 19, 2025 A Song That Stuck With Me (And How It Weirdly Relates to Estate Planning) May 19, 2025
- May 12, 2025 What I’m Loving Lately: A Lawyer’s Take on Life and Planning Ahead May 12, 2025
- Apr 28, 2025 Everything Changed When... Apr 28, 2025
- Feb 17, 2025 How Estate Planning Can Motivate You to Live a Better Life Feb 17, 2025
- Nov 11, 2024 Most Moving Music to Play at Your Funeral Nov 11, 2024
- Oct 7, 2024 Things I Wish I Could Tell My Younger Self Oct 7, 2024
- Aug 19, 2024 What will your Tombstone say? Aug 19, 2024
-
Family
- Feb 24, 2025 9 Meaningful Ways Our Family Love Even After You Have Died Feb 24, 2025
-
Legacy Creation
- Jun 23, 2025 How Many Times Have You Moved? What Did You Learn? Jun 23, 2025
- Jun 9, 2025 If I Could Put a Message on the Big Screen at Times Square, It Would Be… Jun 9, 2025
- Jun 2, 2025 Habits to Leave a Great Legacy Jun 2, 2025
- Mar 31, 2025 If You Knew You Had Three Months to Live, How Would You Spend Them? Mar 31, 2025
-
Probate Law
- Nov 25, 2024 What is a Section 27 Notice and How to Apply for One? Nov 25, 2024
Grounds for Challenging a Will
Entering the world of Will challenges can seem like stepping onto a soap opera set. But in reality, it often involves legal difficulties and family conflicts. It is also immensely stressful. If you'd rather keep your family matters private, think twice before initiating Will validity proceedings. These cases can end up in published judgments, revealing family secrets and disputes, and airing all sorts of dirty laundry, that every family has. These judgements can even form part of the course curriculum for law students. However, if you have genuinely been wronged, you should take the necessary steps to correct that wrong.
Understanding the Eight (8) Grounds for Challenging a Will
1. Contesting the Terms: Relatives might challenge a Will using Family Provision claims to ask for more from the estate. Certain conditions must be met, such as being the surviving spouse or child. A successful claimant must prove that the deceased or Will maker had a moral duty to provide for them.
2. Testamentary Capability: If someone making a Will doesn’t fully understand what they were doing or its consequences due to mental incapacity, the will could be contested, and likely overturned. This assessment considers if they grasped the process of making a will, their belongings, and any possible claims on their estate. Usually supporting medical evidence will be required to prove a claim.
3. Forgery or Fraud: If there's evidence of forgery, such as a forged signature, or fraud, like destroying a later will for personal gain, the will's validity can be challenged.
4. Undue Influence: Suspecting undue influence isn't enough; you need evidence of coercion by someone influencing the will-maker's decisions. However, if you can provide that someone unduly influenced another to make a Will, then that Will can be overturned.
5. Gathering Evidence: Prepare your case thoroughly by gathering evidence to support your claims. This may include documents, witness statements, and expert opinions. You need to put forth a very clear reasoned argument based on fact and not just your personal beliefs
6. Legal Resolution: If disputes can't be resolved through alternative means, they may proceed to a court hearing where a judge will make the final decision. You should aim to negotiate a resolution before taking court action. Remember that there are very strict deadlines to be met in taking court action, so meet with a lawyer as soon as you suspect something is amiss.
7. Seeking Legal Advice: During a will dispute, getting legal advice is important. Skilled lawyers can help you understand the legal system and give you advice that fits your situation perfectly, and of course, advise you of the strict court deadlines.
Dealing with will disputes needs attention and legal know-how. At WebWills, our team specializes in handling will validity disputes. If you're in this situation, reach out to us for expert help. Call us at (03) 9028 7603 to talk about your case.
DISCLAIMER
This is a commentary published by HazeLegal for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://hazelegal.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© HazeLegal, Australia 2024.
Six Tips for Treating Testamentary Capacity Challenges
Making sure a will truly represents someone's wishes is important. But what if they can't make a valid will themselves? In these situations, understanding legal ways is key. HazeLegal shares six helpful tips about creating wills for those who might lack the capacity, explaining statutory wills and recent legal cases.
Making sure a will truly represents someone's wishes is important. But what if they can't make a valid will themselves? In these situations, understanding legal ways is key. WebWills shares six helpful tips about creating wills for those who might lack the capacity, explaining statutory wills and recent legal cases.
1. Understanding Testamentary Capacity
Testamentary capacity means knowing what making a will means, being aware of your property and who might inherit it, and not having any mental issues that affect your ability to make decisions.
2. Challenges and Consequences
The inability to make a will can make it hard to express what someone wants for their belongings. When this happens, the laws about who gets what when there's no will may not match what the person wanted, causing unexpected results.
3. Statutory Wills in Victoria
In Victoria, the law allows the Supreme Court to make statutory wills for minors or people who can't make a will themselves. These special wills represent what the person would likely want and are only approved in certain situations.
4. Case Study: State Trustees Limited v Rick Cooper
In a recent case in the Supreme Court of Victoria, the use of statutory wills was demonstrated. Although "Jim" could not make a will due to cognitive impairment, he clearly expressed his desire to exclude his nephew and provide for his wife's siblings. The court approved a statutory will that honoured Jim's intentions.
5. Standards for Statutory Wills
Before approving a statutory will, the court needs to confirm three key factors: first, that the individual cannot make a will; second, that the proposed will accurately reflect what the individual would likely intend; and third, that the decision is reasonable given the circumstances and free from any additional motives or purposes.
6. Approach with Caution
Be careful when considering statutory wills as they aim to honour the person's wishes. The court aims to match the proposed will with what the person would likely want, not comparing it to intestacy or existing wills. Seek legal help to navigate these complexities.
If you or someone you know is in a situation where making a will is challenging due to lacking testamentary capacity, seek professional advice to ensure their wishes are properly addressed.
DISCLAIMER
This is a commentary published by WebWillls for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWillls, Australia 2024.
Protecting Elderly Loved Ones: Six Tips to Prevent Abuse in Care
In this article, we'll chat about six simple ways to keep elder abuse at bay and make sure looking after our elderly relatives is smooth sailing.
The movie "The Father" really hits home about the tough times elderly folks and their families go through, especially when dealing with dementia.
Here at WebWills, we see a lot of similar situations where older parents need help, and their kids are trying to figure out the best way to take care of them and manage their money. But sometimes, things get messy, and disagreements pop up, taking away from what matters – making sure our elders are safe and happy.
In this article, we'll chat about six simple ways to keep elder abuse at bay and make sure looking after our elderly relatives is smooth sailing.
1. Address Legal Matters Early
Ensure elderly relatives have a power of attorney in place while they still possess decision-making capacity. Addressing legalities early prevents complications and potential disputes in the future.
2. Effective Management by Attorneys
Attorneys appointed under a power of attorney must manage the principal's affairs diligently and in their best interests. Regular management and communication are essential to prevent mismanagement.
3. Respect Inheritance Timing
Avoid pressuring elderly relatives for early access to inheritance funds. Such requests may strain relationships and jeopardize the elderly person's financial security.
4. Seek Legal Guidance
Consult with a lawyer to mediate disputes and find mutually beneficial solutions among family members. Legal assistance can prevent conflicts from escalating and safeguard the elder's interests.
5. Explore VCAT Options
If disputes persist, consider applying to the Victorian Civil & Administrative Tribunal (VCAT) for intervention. VCAT can appoint new administrators or guardians, request financial information, or address concerns about attorney misconduct.
6. Prioritize Communication
Maintain open communication channels among family members to address concerns and clarify expectations regarding the elderly relative's care and finances. Effective communication fosters understanding and prevents misunderstandings.
Taking care of elderly relatives can be challenging, but with careful planning and communication, families can ensure their well-being while avoiding elder abuse. Remember, HazeLegal is here to help if you have any questions or need assistance. Feel free to reach out to us anytime.
DISCLAIMER
This is a commentary published by WebWillls for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWillls, Australia 2024.
Victoria's Will Contesting: 10 Essential Facts
Contesting a will can be daunting, especially when you're unsure of where to begin. Here are the essential points you need to understand before taking any action:
1. Don't Miss the Deadline: You have six months from the date of the probate grant or administrator appointment to contest a will. However, exceptions can be made if the estate hasn't been distributed. If the estate has been wound up, you will have missed your chance.
2. Eligibility Matters: If you're a spouse, partner, child, or stepchild of the deceased, you're likely eligible to contest the will. If unsure, seek legal advice tailored to your circumstances. The crux of a claim is whether the deceased had a moral duty to provide for you.
3. Timeframe for Resolution: Most claims are resolved within six to nine months through negotiation or mediation. If a hearing is necessary, it might take twelve to eighteen months, maybe longer. Be prepared to negotiate, legal costs can quickly get out of hand.
4. Timing is Crucial: You can contest a will only after it's probated or when an administrator for the estate is appointed by the court. If you know that an executor has not applied for probate, perhaps to defeat a challenge by simply delaying, you can apply to court for assistance to compel the executor to apply for probate or offer up the Will so that the next person in line can apply for probate.
5. Know Your Claimable Assets: You can claim against assets owned or in which the deceased had an interest. Trusts and superannuation usually fall outside this scope. You will have to pursue claims against any other entity separately. Also remember that if the deceased owned property with another as a Joint Tenant, that other person automatically becomes the sole owner of the property without the need to apply for probate or reference to the deceased Will.
6. Court Considerations: The court assesses the moral duty of the deceased to provide for you and whether the distribution of the estate adequately meets your needs. You will need to disclose your financial position to justify your claim.
7. Legal Process Overview: Contesting a will involves legal proceedings against the estate. This includes exchanging documents, mediation, and potential court hearings. Be aware before you get started that it will be a lengthy and stressful process, coupled with your existing grief of the loss of a loved one.
8. Assessing Your Claim's Value: Determining the worth of your claim involves complex considerations and varies between judges. Expert legal assistance is key. You should seek legal advice, and remember that there are no guarantees that you will get what you want or indeed anything at all.
9. Understanding Costs: Contesting a will typically incur costs ranging from $30,000 to $50,000 to potentially a whole lot more, often covered by the estate. The bigger the estate the more these costs seemed to blow out. A successful claim usually results in costs being paid from the estate.
10. Exploring Fee Arrangements: Financing options are sometimes available from external loan providers, who will likely also require some commission or uplift to finance the proceedings. These options can be a lot more expensive than they first appear.
If you're considering contesting a will in Victoria, our team at HazeLegal is here to assist you. We'll assess your case, provide clear guidance, and work to achieve your best possible outcome. Don't hesitate to reach out to us for expert advice tailored to your situation.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
How to Find Your Deceased Relative's Tax Records and How to Prevent a Mess for Your Own Family
Dealing with the death of a loved one is hard enough without the added stress of untangling their financial affairs. If your relative has left their tax records and other financial information in disarray, here are some tips to help you find what you need. We also discuss how you can make things easier for your own family in the future.
Finding Your Deceased Relative's Tax Records
1. Check Their Personal Files
Look through their personal files, including filing cabinets, desks, and digital folders on their computer. Important documents like tax returns, bank statements, and receipts are often stored here.
2. Contact Their Accountant or Tax Agent
If your relative used an accountant or tax agent, they would have copies of past tax returns and could provide the Tax File Number (TFN) and other essential information.
3. Look Through Their Mail
Tax-related documents are often sent by mail. Look for letters from the Australian Taxation Office (ATO), banks, or other financial institutions. These might contain crucial information or lead you to other relevant documents.
4. Search Digital Records
Check their email accounts and any cloud storage services they use. Important tax documents might be stored digitally. Look for folders labelled "Taxes" or similar.
5. Contact the Australian Taxation Office (ATO)
If you have trouble finding their TFN or tax records, contact the ATO. They can provide guidance on what steps to take to access the necessary information.
6. Gather All Relevant Financial Documents
Collect any bank statements, superannuation records, and investment documents. These can help piece together their financial situation and provide necessary information for tax purposes.
Preventing a Mess for Your Own Family
1. Organise Your Financial Documents
Keep all your important financial documents, including tax returns, in a single, well-organised location. Make sure your family knows where this is.
2. Create a Digital Backup
HazeLegal offers storing digital copies of important documents in a secure cloud storage service. Ensure that your family knows how to access these files.
3. Keep Your TFN Secure
Your Tax File Number is crucial. Store it in a safe place and include it in your list of important documents. Inform your family where they can find it.
4. Use a Trusted Accountant or Tax Agent
Working with a professional can ensure that your tax affairs are in order. Provide your family with their contact details so they can reach out if needed.
5. Prepare a Will and Estate Plan
Clearly outline your wishes and financial arrangements in a will. An estate plan can help manage your assets and provide guidance for your family.
6. Communicate with Your Family
Have open conversations with your family about your financial affairs. Make sure they know where to find important documents and understand your wishes.
7. Update Your Records Regularly
Keep your financial records up to date. Review them annually to ensure everything is current and easily accessible.
8. Upload your information to our Digital Vault
Upload your information and records to our Digital Vault, which will ensure that after your passing, and not before, your information will be sent to those of your choosing, such as your executors and next of kin. If everyone has all the relevant information, there is less likelihood of someone abusing the situation and perhaps ripping off either yourself, your estate or your family. Knowledge of power.
9. Consider Professional Advice
Speak with a lawyer or financial advisor to ensure your affairs are in order and to get advice tailored to your situation.
By taking these steps, you can reduce the stress on your family during a difficult time and ensure that your financial affairs are handled smoothly.
Need more help? Reach out to us today!
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
What will your Tombstone say?
Our epitaph is the world’s lasting view of us, a summary of our lives, and what we stood for.
What will your tombstone say about you? Entrepreneur, hard worker, professional, scroller of social media, binger of Netflix?
Or it says, most beloved parent, child or spouse?
What do you want it to say? For that is how you must live your life.
We often get busy with the minutiae of life and forget about what is important.
It is your executor who will choose the inscription on your tombstone, so now you know who to impress. Haven’t appointed an executor? Then maybe writing your Will should be the next thing on your To-do list. Contemplating your passing does not have to be scary, it can be a wake-up call – before it’s too late – on what you want from this one short and crazy life!
Here are a few famous tombstones to inspire you.
Emily Dickinson (Author) (1830-1886)
“Called Back”
Referring to the last words that she ever wrote in a letter to her cousins, but also the title of a novella she loved by Hugh Conway.
And not a reference to a phone scam.
William Shakespeare (1564-1616)
"Good friend for Jesus' sake forbear,
To dig the dust enclosed here.
Blessed be the man that spares these stones,
And cursed be he that moves my bones."
I think someone was a little concerned about grave robbers. Though probably not unfounded.
Rosa Parks (1913 – 2005)
“Mother of the Civil Rights Movement”
I think we can all agree on that one.
A fitting tribute to her monumental impact on history.
Winston Churchill (1874-1965)
"I am ready to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter."
Churchill's wit and wisdom even in death.
Mel Blanc (1908-1989)
"That's All Folks!"
The famous sign-off of the man behind many beloved cartoon voices.
Martin Luther King Jr. (1929-1968)
"Free at last, Free at last, Thank God Almighty I'm Free at last."
Echoing his immortal words from the civil rights movement.
Merv Griffin (1925-2007)
"I will not be right back after this message."
A humorous nod to his career as a television host.
Frank Sinatra (1915-1998)
"The Best Is Yet To Come."
A hopeful message from the legendary singer.
J.R.R. Tolkien (1892-1973)
"Beren" and "Lúthien"
A touching reference to his epic love story from "The Silmarillion." He shares the grave with his wife Mary, who is referred to as Luthien and he as Beren, two great loves.
Johnny Cash (1932-2003)
"I walk the line."
Summarising his life and music career in just a few words.
Mae West (1893-1980)
"Come up and see me some time."
A cheeky nod to her famous catchphrase.
Billy Wilder (1906-2002)
“I'm a writer but then nobody's perfect.”
Only a writer could pen those words.
Edgar Allan Poe (1809-1849)
“Quoth the Raven, Nevermore.”
A fitting tribute to his most famous poem “The Raven” and its interpretation that nothing can be done to change the situation of he who lies there. Very clever indeed.
Benjamin Franklin (1706-1790)
“The body of Benjamin Franklin, Printer, Like the cover of an old book, Its contents are torn out, And stripped of its lettering and gilding, Lies here, food for worms. But the work shall not be lost, For it will, as he believed, appear once more, In a new and more elegant edition, Revised and corrected by the Author.”
Reflecting his view on death and life beyond.
Bette Davis (1908-1989)
“She did it the hard way.”
Having succeeded in Hollywood when the pressures against women were even greater than they are now. She was the first woman to be awarded a Lifetime Achievement Award by the American Film Institute
George Washington Carver (1864-1943)
“He could have added fortune to fame, but caring for neither, he found happiness and honour in being helpful to the world.”
Words to live by, and a wonderful legacy to leave.
Planning your legacy is as important as living it. These epitaphs remind us to consider what we want our final message to the world to be. By planning your estate now, you can ensure that your legacy reflects your values and what you stood for. If you need help with estate planning, don't hesitate to reach out. Your legacy is worth securing.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© Webwills, Australia 2024.
12 Ways to Make Sure Your Power of Attorney does not rip you off
What will your Tombstone say?
Appointing a Power of Attorney (PoA) is a crucial step in ensuring your affairs are managed if you become unable to do so yourself. However, it's essential to take measures to prevent any misuse of this power. HazeLegal will give you 12 tips to ensure your PoA acts in your best interests and does not take advantage of their position.
1. Choose Someone Trustworthy
Select someone with a proven track record of honesty and reliability. This person should have your best interests at heart and a strong moral compass.
2. Clearly Define Their Powers
Be specific about what powers you are granting. Clearly outline what they can and cannot do in the legal document to avoid any misunderstandings.
3. Set Up Dual Agents
Consider appointing two people to serve as co-agents. This way, they can keep each other in check and prevent unilateral decisions.
4. Regularly Review the Arrangement
Schedule regular reviews of your PoA arrangement. This allows you to reassess their performance and make changes if necessary.
5. Require Detailed Record-Keeping
Ensure your PoA keeps detailed records of all transactions and decisions made on your behalf. This accountability helps deter misuse.
6. Involve a Third Party
Incorporate a trusted third party, such as a lawyer or accountant, to oversee significant financial decisions. Their involvement adds an extra layer of oversight.
7. Limit Financial Powers
Consider limiting the financial powers of your PoA to specific tasks or amounts. This can minimize the risk of large-scale financial abuse.
8. Set Up a Monitoring System
Implement a monitoring system where another person or entity, like a family member or professional advisor, reviews the actions of your PoA regularly. You can make this an express direction on your Power of Attorney.
9. Use a Revocable PoA
Opt for a revocable PoA that you can cancel at any time if you suspect misuse or if your circumstances change. And consider having the starting date either when you lose capacity, or straight away, where you can monitor their actions.
10. Communicate Your Wishes
Have a clear conversation with your PoA about your values, preferences, and expectations. Ensure they understand your wishes thoroughly. The best way to do this is to leave instructions in our Digital Vault, which will be sent to them once you lose the capacity to make decisions for yourself
11. Get Professional Advice
Consult a lawyer when drafting your PoA document. Professional advice can help ensure all legal safeguards are in place.
12. Inform Key People
Let close family members and friends know who your PoA is and their responsibilities. This transparency helps create a support network that can detect and prevent misuse.
Creating a Power of Attorney is a significant decision. By taking these steps, you can protect yourself from potential abuse and ensure your affairs are managed according to your wishes. Regular communication and clear documentation are key to maintaining control and peace of mind.
Life is full of changes, so it's crucial to have legal experts who can protect you when needed.
Contact WebWills today. We'll guide you through the steps to ensure your wishes are followed.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
Splitting Up? Your Guide to the Aussie Way of Dividing Family Property
Understanding Your Entitlement in a Divorce Property Split
Divorce can be a challenging time, especially when it comes to dividing assets. Knowing how the court decides on property settlements can help you prepare better. Here’s a guide on what you might expect and how to navigate this process.
Who Decides the Division of Property?
Most property disputes in divorces are settled by mutual agreement. However, these agreements are often influenced by what the parties think the court might decide if they don’t settle. As a result, understanding how the court approaches property division is crucial.
The Pool of Assets
The court considers all assets owned by both parties, no matter whose name they are in. This includes assets acquired before the relationship and windfalls like inheritances. The total value of these assets is referred to as the "pool of assets."
Tips for Understanding Property Division:
1. Consider Equal Contributions
The court starts with the assumption of equal contributions from both parties. This means if both partners have similar earning capacities and there are no children, a 50-50 split is likely.
2. Adjust for Financial Contributions
If one party brought significant assets into the marriage, they might receive a larger share of the pool. However, over long marriages, this factor becomes less important.
3. Evaluate Non-Financial Contributions
The court values non-financial contributions like homemaking and childcare. The contributions of a stay-at-home parent are seen as equally important as those of the primary earner.
4. Account for Superannuation
Superannuation is included in the asset pool. The court can split superannuation benefits even if they cannot be accessed immediately.
5. Manage Complex Assets
Assets held in companies or trusts controlled by either party are also considered part of the pool. The court has ways to transfer the benefits of these assets appropriately. They may also be deemed a resource available to one party and as such would not need as much of the joint asset pool because they have access to other resources.
Practical Scenarios
1. Equal Split
If both parties have contributed equally in all respects, a 50-50 split is common. This applies if there are no significant disparities in earning capacity, needs or contributions.
2. 60/40 Split
In cases where one party has a greater need, such as having custody of children, a 60/40 or other unequal split might be applied. However, this is not a fixed rule and varies with circumstances.
3. Pre-Owned Assets
If one party brought significant assets into the relationship, they might receive a higher percentage of the pool. But as the marriage length increases, this factor diminishes in importance.
4. Parenting Contributions
In cases where one partner’s earning capacity is affected by their role as a primary caregiver, they may receive a larger share to reflect their contributions.
Dealing with the ins and outs of divorce and splitting assets can be a lot to handle, but it's crucial to know what affects your share of family assets. If you've got any questions, don't hesitate to get in touch with WebWills – we're pros in Aussie family law. Talking to legal experts and teaming up with folks who know their stuff can guide you in making smart choices, and making sure your assets are divvied up fairly in this tough situation. Just remember, each divorce is different, and the percentages may change based on your situation and Aussie laws.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
Creating a Lasting Legacy: Planning for How You Will Be Remembered
Leaving a legacy is about more than just assets and legal documents; it’s about the mark you leave on the world and how you will be remembered by your loved ones. To create a meaningful legacy, it’s important to start planning now. Here’s why it's crucial and how you can get started.
The Importance of Creating a Legacy
A legacy is the sum of your life’s work, values, and the memories you leave behind. It’s how you’ll be remembered and the impact you’ve made on others. Whether it’s through personal achievements, contributions to your community, or the values you’ve instilled in your family, your legacy is a testament to your life’s purpose.
Tips for Creating a Meaningful Legacy
1. Reflect on Your Values and Beliefs
Think about what matters most to you. Your values and beliefs shape the legacy you want to leave. Whether it’s kindness, integrity, or generosity, make sure your actions align with these principles.
2. Document Your Life Story
Write down your life experiences, lessons learned, and important milestones. This can be a treasured keepsake for your family and a way for future generations to understand and remember you.
3. Plan for Financial Security
Ensure that your family is financially secure by creating an estate plan. This includes wills, trusts, and other financial arrangements that protect your assets and ensure they are distributed according to your wishes, as well as to possibly finance your legacy and goals going beyond your own passing.
4. Create Personal Letters or Messages
Leave behind personal letters or recorded messages for your loved ones. These can provide comfort, guidance, and a personal touch that legal documents alone cannot offer.
5. Get Involved in Your Community
Participate in community service or support causes that you’re passionate about. Your involvement can inspire others and leave a positive impact that extends beyond your immediate circle.
6. Establish Traditions and Memories
Create family traditions and memorable experiences that can be passed down through generations. These shared moments can keep your memory alive and foster a sense of continuity.
7. Educate and Mentor
Share your knowledge and skills with others. Mentoring younger generations or teaching others can be a significant part of your legacy, influencing lives long after you’re gone.
Planning Now for the Future
It’s essential to have the right legal structures in place to secure your legacy. While this might not be the most exciting part of legacy planning, it’s critical. Here’s how to ensure your legacy is protected:
1. Draft a Will
A will ensures your assets are distributed according to your wishes. Without one, state laws will decide how your estate is divided, which might not align with your intentions.
2. Set Up Trusts
Trusts can protect your assets and provide for your loved ones in specific ways. They can also help avoid the lengthy probate process and offer tax benefits. They can also be used to finance charitable work beyond your passing.
3. Appoint Executors and Guardians
Choose trusted individuals to manage your estate and care for any minor children. Clear designations prevent legal disputes and ensure your wishes are followed.
4. Review and Update Regularly
Life changes, such as births, deaths, or changes in financial status, can affect your estate plan. Regularly review and update your documents to reflect your current situation.
5. Consult Professionals
Work with lawyers, financial planners, and estate planners to create a comprehensive plan. Professional advice ensures all aspects of your legacy are covered.
Creating a legacy is about living a life that reflects your values and ensuring that your memory and impact endure. By planning now, you can make sure that your legacy is secure and that your family is cared for. Take the time to reflect on what you want your life to stand for and take steps to ensure that your legacy will be remembered and cherished by future generations.
WebWills is here to help if you have any questions or need assistance. Feel free to reach out to us anytime.
DISCLAIMER
This is commentary published by WebWills for general information
purposes only. This is not meant to be taken as particular advice. You
should seek your own legal and other advice for any question, or for any
specific situation or proposal, or alternatively get in touch with the writer at
http://webwills.com.au before making any final decision. The content also
is subject to change. A person listed may not be admitted as a lawyer in all
States and Territories.
© WebWills, Australia 2024.
What information you must leave behind before you die
Planning for the future is important, especially when it comes to ensuring your loved ones have everything they need after you pass away. Leaving behind clear and organised information can save them a lot of stress and confusion. Here's a guide to the essential information you should prepare and leave behind.
Essential Information to Leave Behind:
1. Personal Identification Documents
Include copies of your passport, driver's license, birth certificate, and any other identification documents. These will be needed for various administrative tasks and legal processes.
2. Legal Documents
Make sure your will, power of attorney, and any advance care directives are up-to-date and easily accessible. These documents are crucial for carrying out your wishes and handling your affairs properly.
3. Financial Information
Provide details of all your bank accounts, investments, superannuation, and insurance policies. Include account numbers, contact information for financial institutions, and any relevant passwords or PINs.
4. Property and Assets
List all your properties and assets, including real estate, vehicles, and valuable personal items. Include deeds, titles, and any other proof of ownership documents.
5. Debt and Liabilities
Outline all your debts and liabilities, such as mortgages, loans, and credit card debts. Include account details and contact information for creditors to help settle your accounts.
6. Digital Assets
Document your digital assets like email accounts, social media profiles, and cryptocurrency. Provide login details and instructions on how to access or manage these accounts.
7. Medical Records
Compile a summary of your medical history, including current medications, allergies, and contact information for your doctors. This can be vital for any ongoing medical care or emergencies.
8. Funeral Instructions
Specify your wishes for your funeral, including whether you prefer burial or cremation, any particular ceremonies, and contact details for your preferred funeral home.
9. Contacts List
Create a comprehensive list of important contacts, including family members, friends, lawyers, accountants, and other relevant professionals. This ensures your loved ones can reach out to the right people when needed.
10. Personal Messages
Consider leaving behind personal letters or messages for your loved ones. These can offer comfort and closure during a difficult time.
By organising and leaving behind these key pieces of information, you can provide your family with clear guidance and make the administration of your estate much smoother. If you're unsure about what specific documents to include or need further assistance, don't hesitate to reach out for help. Proper planning now can save your loved ones a lot of stress and confusion later.
Tips to Ensure You Leave Behind the Right Information:
1. Regularly Update Your Information
Keep your documents and information up-to-date. Regular reviews ensure that all details are current and accurate.
2. Use Secure Storage
Store your documents in a safe and accessible place, like a fireproof safe or a secure digital vault. Inform a trusted person of the location.
3. Communicate with Loved Ones
Let your family and key contacts know about your plans and where to find your information. Clear communication can prevent misunderstandings.
4. Seek Professional Advice
Consult with lawyers, financial advisors, and other professionals to ensure all your documents are in order and legally sound.
By following these tips, you can ensure your loved ones have all the necessary information to manage your estate smoothly and with minimal stress. Proper preparation today can make a significant difference in the future. HazeLegal is here to help if you need assistance. Feel free to reach out to us anytime.
DISCLAIMER
This is a commentary published by WebWills for general information
purposes only. This is not meant to be taken as particular advice. You
should seek your own legal and other advice for any question, or any
specific situation or proposal, or get in touch with the writer at
http://webwills.com.au before making any final decision. The content also
is subject to change. A person listed may not be admitted as a lawyer in all
States and Territories.
© WebWills, Australia 2024.
Why I Became an Estate Planning Lawyer
Choosing a career is one of the most significant decisions we make in life. For me, becoming an estate planning lawyer was a journey fueled by a deep desire to help people plan for the future and protect their loved ones. Here’s a look into why I chose this path and why it’s so meaningful to me.
A Personal Connection
My journey began with a personal experience. When my father passed away, our family faced a lot of challenges due to the lack of proper estate planning. The confusion, stress, and disagreements that followed made me realize how crucial it is to have clear plans in place. I saw firsthand how much easier it would have been if we had proper guidance and legal structures. This experience sparked my interest in estate planning and set me on the path to becoming a lawyer.
Helping Families
One of the main reasons I chose to specialize in estate planning is my desire to help families avoid the difficulties I faced. I wanted to ensure that other families could navigate the complexities of estate planning with confidence and peace of mind. As an estate planning lawyer, I have the privilege of working closely with individuals and families to create plans that protect their assets and ensure their wishes are honoured.
Building Trust
Estate planning is not just about legal documents; it's about building trust and relationships. I enjoy getting to know my clients, understanding their unique situations, and helping them make informed decisions. The trust my clients place in me is incredibly rewarding, and it motivates me to provide the best possible service. Seeing the relief on a client’s face when they know their affairs are in order is one of the most satisfying aspects of my job.
Making a Difference
I wanted a career where I could make a tangible difference in people’s lives. Estate planning allows me to do just that. Whether it's helping parents ensure their children are taken care of, protecting a family business, or making sure a client's wishes are carried out after they pass, my work has a lasting impact. Knowing that I am helping to provide security and peace of mind to my clients is deeply fulfilling.
Continuous Learning
The field of estate planning is always evolving, with new laws and strategies emerging. I enjoy the continuous learning that comes with this profession. It keeps me engaged and ensures that I can offer the most current and effective advice to my clients. Staying updated on legal developments allows me to provide the best possible service and helps me grow as a professional.
Becoming an estate planning lawyer was a decision shaped by personal experiences and a desire to help others. It’s a career that allows me to make a positive impact on people’s lives, build meaningful relationships, and continuously learn and grow. I am grateful for the opportunity to guide my clients through the complexities of estate planning and ensure their futures are secure. If you have any questions about estate planning or need assistance, I am here to help.
Regrets of Dying
In life, we often find ourselves contemplating the choices we've made and the paths we've taken. But what if we could learn from the reflections of those nearing the end of their journey? Bronnie Ware, an Australian palliative care nurse, shares insights gleaned from her patients in "The Top Five Regrets of Dying," a book born from her blog cataloguing the regrets of those in their final days. While we're not directly associated with Bronnie, her work holds valuable lessons for us all.
Here are the Top Five Regrets of the Dying:
1. Not Living the Life That You Wanted to Live
Many of us fall into the trap of living to meet others' expectations, neglecting our desires. Take stock of your life and focus on what truly matters to you. Define your aspirations and take steps to realize them, whether it's pursuing a hobby or volunteering in your community.
2. Wishing You Hadn’t Worked So Hard
In a society that glorifies workaholism, it's crucial to prioritize self-care and personal fulfilment alongside professional success. Make time for activities that bring you joy and nourish your relationships. Don't hesitate to seek support when needed, fostering a healthy balance between work and life.
3. Having the Courage to Express Your Feelings More
Suppressing feelings and opinions to maintain peace can lead to profound dissatisfaction. Cultivate open communication in your relationships, expressing yourself authentically. Honesty fosters deeper connections and prevents regrets stemming from unspoken truths.
4. Wishing You Had Stayed in Touch with Your Friends
Amid life's busyness, it's easy to lose touch with cherished friends. Invest time and effort in maintaining meaningful connections, beyond superficial interactions. Prioritize face-to-face meetings or heartfelt conversations to cultivate lasting bonds.
5. Wishing I Let Myself Be Happier
Happiness is a conscious choice, requiring effort and self-awareness. Practice gratitude, embrace change, and cultivate mindfulness to find joy in life's simple moments. Let go of self-judgment and expectations, allowing yourself to embrace life fully and without regrets.
Why Are We Sharing These Regrets?
Life's brevity underscores the importance of living authentically, fostering connections, and embracing happiness. Bronnie Ware's insights remind us to cherish each day, prioritize personal fulfilment, and live with intention.
This event wasn't our typical educational series, but the insights from HazeLegal and Bronnie are still crucial. We often discuss wills and estate planning, but it's equally vital to address the human aspect. Whether it's financial or personal, our goal is to inform you so you can make the necessary changes.
And it’s always a good thing to stop and think about our life, the finiteness of it and the direction it is taking. We find that many people know that they need a Will but don’t want to stop and think about their lives and their direction in this way.
Time is invaluable. We aim to spare you from enduring these regrets or any other estate planning oversights. If you seek guidance on how to live more fully and embrace the end of life, please reach out.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
The Horror of No Estate Planning
Imagine a family in chaos, torn apart by the lack of proper estate planning. This horror story highlights the devastating consequences that can arise when you don't plan for the inevitable.
1. Ex-Partner Takes Control of Assets for the Kids
When John passed away unexpectedly, his ex-partner, who was still listed as the guardian of their children, took control of his assets. This led to endless legal battles and strained relationships, as his current wife was left to deal with the mess for her and John's children. As a result, John’s new wife needed to take the matter to Court to fight for her rights. The competing interests need to be resolved through a Will.
2. Step-Mum Takes Everything and Leaves It to Her Kids
After David's death, his stepmother inherited all his assets, leaving nothing for his biological children. She then left everything to her children, cutting David’s kids out completely. The family was left heartbroken and bitter.
3. Will Not Signed, Chasing Witnesses to Get Further Affidavits and Delaying Probate
When Sarah died, her will was not signed properly. Her family had to track down witnesses to provide affidavits, delaying probate for months. This caused significant stress and financial hardship during an already difficult time. A simple discussion with a lawyer could have avoided all of this if done properly in the beginning.
4. Stepfather Organizes Mum's Will to Leave Everything to Him, Leaving the Kids with Nothing
Mary’s stepfather managed her finances and influenced her to leave everything to him. When she passed, her children were left with nothing, feeling betrayed and abandoned. It is important to discuss these matters with your parents before it is too late and ensure that they are not being manipulated.
5. Couldn't Bury the Deceased Because They Hid All Their Documents and Couldn't Find the Money to Bury Them
When Paul died, his family couldn't find his documents or money to cover burial expenses. They struggled to give him a proper burial, adding to their grief and frustration. Leaving the right information, including all accounts and financial information, in our Digital Vault for distribution to the persons assigned by the Will maker, could have avoided all this stress, and allowed them to be laid to rest much sooner.
6. Father Appointed Estranged Sister as Executor, Who Hid the Ashes So Client Couldn't Mourn Father
Tom’s father appointed his estranged sister as executor. She hid his ashes, preventing Tom from mourning properly. This caused deep emotional pain and unresolved grief. This could have been avoided if Tom’s father had just talked with a lawyer and chosen the right executor.
7. Estranged Kids Coming After Father’s Assets Even Though They Hadn't Spoken in Decades
When Richard died, his estranged children, who hadn't spoken to him in decades, came forward to claim his assets. This led to a bitter dispute with his current family, tearing them apart. This could have easily been avoided, and in fact, Richard really should have known that it would have happened and spared his family the grief. Now his memory is tainted by what happened.
Tips to Avoid These Horrors:
1. Keep Your Will Updated
Ensure your will reflects your current wishes and relationships. Regularly review and update it to avoid leaving assets to unintended recipients.
2. Clearly Define Beneficiaries
Specify who gets what in your will to prevent step-relatives from taking everything. This ensures your assets go to your intended heirs.
3. Sign and Witness Your Will
Make sure your will is signed and properly witnessed to avoid delays and legal issues. This simple step can prevent a lot of trouble for your loved ones.
4. Appoint a Trusted Executor
Choose someone you trust to manage your estate. Avoid estranged or unreliable family members to ensure your wishes are honoured.
5. Organize Important Documents
Keep all important documents in a safe and accessible place. Inform a trusted person about their location to avoid difficulties during burial arrangements.
6. Communicate Your Wishes
Discuss your estate plans with your family to avoid misunderstandings. Clear communication can prevent disputes and ensure everyone understands your wishes.
By following these tips, you can spare your family from the horror and chaos of poor estate planning. Planning ensures your loved ones are taken care of and your final wishes are respected. Remember, WebWills is here to help if you have any questions or need assistance. Feel free to reach out to us anytime.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
Post-Demise Data: Ensuring Family Access to Your Vital Information with a Digital Vault
Ensuring that your family can access essential information and digital assets after your passing is a crucial aspect of estate planning. In today's digital age, where much of our lives are stored online, addressing this issue is more important than ever. At WebWills, we understand the challenges faced by loved ones in accessing digital assets as well as the information that they need to finalize their affairs after your passing, which is why we have our platform - the WebWills Digital Vault. Let us explore how this tool can simplify the process of organizing and sharing vital information with your family.
How can I ensure my family can find all the information they need after I die?
1. Easily Provide Access to Important Data
With the WebWills Digital Vault, you can grant access to photos, videos, and other cherished memories stored on your devices to your loved ones. This ensures that they can preserve and cherish these memories even after you are gone.
2. Upload Important Documents
Save your family members and business partners from months of searching and stressing by uploading important legal documents to the Vault. From wills to medical records, having these documents readily accessible can streamline the estate administration process.
3. Create Personalized Messages
Leave behind messages—written, voice-recorded, or video-recorded—filled with love, guidance, or instructions for your loved ones. These messages can provide comfort and guidance during a tough time and ensure that your voice is heard even after you're no longer here.
4. Leave Itemized Lists
Provide detailed instructions for managing various aspects of your affairs, such as bills, service providers, and care instructions for pets. Itemized lists can help alleviate confusion and ensure that your wishes are conducted as intended.
Here's how it works:
First, you add people and representatives you want to leave items or documents to, as well as your legal representatives, to the Vault. This ensures that the right people have access to crucial information when the time comes.
Then, you create and upload data, including messages, important legal documents, passwords, and care instructions for pets. By organizing your digital assets and information in one secure location, you can simplify the process for your loved ones.
Finally, you assign each item or document to specific individuals to receive the information after you have passed. This ensures that each beneficiary receives the relevant documents according to your wishes.
Upon your passing, our process ensures a smooth transition of your digital assets and information.
First, designated individuals are informed of your demise according to your instructions.
Then, we verify this information through cross-checking with your nominated contacts within the Vault.
Once confirmed, we proceed to release the information and documents in your Vault to the specified individuals, ensuring that your wishes are fulfilled respectfully and efficiently.
Rest assured; we prioritize the security of your data.
Through measures such as password protection, encryption, and unique encryption keys, we ensure that your digital assets remain safe and secure within the Vault. Your peace of mind is our priority, knowing that your information is protected with utmost care.
As you consider ways to safeguard your digital assets and ensure your family's peace of mind after you're gone, the WebWills Digital Vault stands out as a secure solution.
With military-grade security measures in place, you can trust that your digital assets will remain protected within the Vault. Whether it's cherished memories, important documents, or passwords, you have full control over what you upload and who can access it.
By organizing your digital estate alongside your will, you can simplify the estate settlement process for your loved ones, sparing them from unnecessary stress and uncertainty.
Take advantage of our 1-month free trial to explore the Vault's features and discover how it can benefit you and your family. Afterwards, the cost is just $29 per year—a small investment for the peace of mind it provides. Sign up now and take the first step towards ensuring your family can access the information they need when the time comes.
DISCLAIMER
This is a commentary published by HazeLegal for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
Your Guide to Cyber Safety: 10 Practical Tips and Tricks
In today's digital world, where cyber-attacks are on the rise, it's crucial to keep ourselves safe online. Recent incidents involving major companies like Medibank and Optus highlight the importance of protecting our digital information. At WebWills, we take your security seriously. We use methods like multi-factor authentication, regular password changes, and continuous security training to keep you safe. In this article, we'll give you ten (10) simple yet effective tips to enhance your online safety, based on advice from trusted sources like www.cyber.gov.au.
1. Keep Your Devices Updated - Enable automatic updates on all devices to ensure you have the latest security patches and features.
2. Backup Your Data Regularly - Protect your important files by regularly backing them up to an external device or cloud storage. This ensures you can recover them in case of loss or damage.
3. Use Strong Passwords - Create unique and complex passwords, or even better, passphrases, for each account. Avoid reusing passwords across different platforms.
4. Set Secure Passphrases - opt for passphrases consisting of random words for added security. Make them lengthy, unpredictable, and unique to each account.
5. Activate Multi-Factor Authentication (MFA) - Strengthen your accounts by enabling MFA, especially for crucial services like email, online banking, and social media.
6. Avoid Clicking Suspicious Links - Refrain from clicking on links or attachments in unsolicited messages. Instead, visit official websites or contact trusted sources through verified channels.
7. Stay Alert for Scams - Be cautious of suspicious emails, SMS, calls, or social media messages. Look out for signs of urgency, emotion, or requests for sensitive information.
8. Spot Scam Red Flags - Evaluate messages for authority, urgency, emotion, scarcity, and relevance to current events. Verify their legitimacy by contacting trusted sources directly.
9. Report Cybercrime and Scams - Report incidents of scams to Scamwatch and cybercrime to ReportCyber to help protect yourself and others from online threats.
10. Seek Assistance When Needed - Don't hesitate to reach out for help if you encounter suspicious activity or have concerns about your online security. Stay informed and vigilant in navigating the digital landscape safely.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
Am I entitled to a copy of the Family Trust Deed?
Discover your rights: Are you entitled to a copy of the Family Trust Deed? Uncover crucial information now!
In responding to a beneficiary's request for trust information, trustees should follow these essential steps and consider seeking independent professional advice due to the potential complexities involved. A seemingly straightforward request can escalate into a challenge, impacting the trustee's actions and possibly leading to the Trustee's removal if deemed improper. Navigating trust transparency requires careful consideration to protect the interests of both beneficiaries and trustees.
· Automatic Rights: Beneficiaries with a proprietary interest, like unit holders in a unit trust, have an automatic right to access trust information under the "proprietary approach" in Australia. This applies where the beneficiary has a right to receive something from a Trust, such as fixed income, rather than an expectation to be considered as a possible recipient of a benefit from a trust, as in the case of Discretionary Trusts
· Discretionary Trusts: In discretionary trusts without a proprietary interest, the Court has supervisory jurisdiction and can determine what information should be provided to a beneficiary.
Court's Approach to Accessing Trust Information:
· Growing Inclination: Recent cases indicate the Court's inclination towards compelling trustees to provide comprehensive information, especially when there's a close association between the beneficiary and the trust.
· Close Beneficiary Presumption: The presumption in favor of disclosure primarily applies to close beneficiaries, who have received or are expected to receive trust distributions or are explicitly named as primary beneficiaries.
· Scope of Documents: The presumption for disclosure includes essential trust-related documents but may exclude internal trustee documents, such as discussions about discretionary powers.
Key Considerations for Trustees:
· Specific Information Request: Obtain details about the requested information and the purpose behind the request.
· Trust Deed Reference: Refer to the trust deed to understand the rights and obligations of both parties.
· Beneficiary's Relationship: Differentiate between close and remote beneficiaries to determine the level of disclosure.
· Thorough Documentation: Document decisions to grant or reject the request meticulously to navigate potential challenges.
DISCLAIMER
This is a commentary published by WebWills for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://webwills.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
© WebWills, Australia 2024.
What is Estate Planning?
In summary – Be sure to consider the ownership of estate and non-estate assets.
Estate planning is how you ensure that your assets are distributed or passed on in a way that you want following your death. It also involves the implementation of documents during your lifetime that allow others to make decisions on your behalf when you are not able to make decisions for yourself, usually due to incapacity and ill health.
Guide to assets that do or don’t form part of your estate.
All assets kept in your name are considered to be part of your estate. Examples of the assets in your estate include:
· Cash
· Real property
· Bank accounts
· Motor vehicles
· Personal items such as artwork, furniture, and jewelry
Clients frequently believe that having control over an asset equates to ownership. This may result in inadequate estate planning or legal advice. The following are some instances of assets that do not necessarily become a part of your estate:
· Life insurance
· Trust property
· Superannuation
· Company property
· Property held as joint tenants such as real property, bank accounts, and shares
Correct ownership must be established before a plan can be put in place specifying how you want those assets handled after your demise. Documents like nominations, deeds, agreements, or transfers may need to be prepared to do this.
Here are some wise suggestions to keep in mind –
The risk associated with non-binding nominations and superannuation.
Since superannuation does not automatically become a part of your estate, you need to create the necessary binding death benefit nominations to either direct superannuation proceeds to your estate or to specific beneficiaries.
If you have set up a trust in your Will, you may wish to nominate your estate, or more specifically your Legal Personal Representative as the beneficiary to your super funds.
Getting legal or tax advice is crucial when creating superannuation nominations, to ensure equalization of distributions and minimize tax, as not all beneficiaries are taxed the same.
What happens to jointly-owned property when a joint owner passes away
When the property is held jointly with another person, the surviving joint owner may inherit the deceased joint owner's portion of the property automatically. You should think about changing the ownership of the property if you want to be able to manage your share through your Will.
Think about appointing an enduring guardian and creating an Enduring Power of Attorney
You should think about putting in place documents that can be depended on to help you during your lifetime at the same time that you make arrangements for the succession of your assets and the completion of your Will. An Appointment of Enduring Power of Attorney, which deals with decisions to be made regarding your finances, and an Appointment of Enduring Guardian or medical power of attorney, which deals with decisions regarding your health, are two essential legal papers. You should appoint someone who can make decisions for you aligned with your values and wishes.
Benefits of Establishing an Estate Plan
When your family and loved ones must make decisions on your behalf or when it comes time to administer your estate, having a solid estate plan in place will be crucial.
Simply put, having an estate plan in place:
· Will offer advice to your family members;
· Will make sure that your assets pass as intended (as much as possible);
· Will guarantee that the medical care you receive is handled following your choices;
· May save your estate a lot of money; and
· Can minimize the risk of family disputes and stress.
CALL TO ACTION GOES HERE
Please contact (03) 9028 7603 or info@webwills.com.au and mention this article for a no-obligation session with one of our experienced estate planning lawyers if you’re interested in setting one up.