Lost capacity to make a Will?. What you can do.
Have you ever thought what would happen to your assets if you couldn't make a Will? Sometimes there are events in life which make it impossible for a person to make a Will, such as a severe cognitive impairment caused by a life-long disability, mental illness, a head...
Claim for Damages for Disappointment and Distress
Consumers who suffer distress and disappointment due to tourism providers and holiday package operators failing to deliver on their contractual promises to supply pleasure and relaxation could soon face more claims following the decision of the Moore v Scenic Tours Pty Ltd [2020] HCA 17 (24 April 2020)
Can I stop my neighbour’s noise?
Noise is probably the most common source of contention between neighbours. If you are being disturbed, usually the best thing to do is to ask your neighbour to reduce their noise or to avoid making noise at certain times of the day. If that does not work, the next...
Intestate Estates – What happens if I die without a Will?
Have you made a Will? Have you ever wondered what would happen if you died without a Will? Research indicates about 1 in 2 Australian adults do not have a valid Will. If a Will maker (the “testator”) dies without a valid Will, the testator's estate will be dealt with...
Avoiding Double Stamp Duty on a Declaration of Bare Trust for a SMSF purchase of property
The Duties Act, 1997 (NSW) provides that full ad valorem stamp duty is payable on a “Declaration of Trust”. Double stamp duty can be avoided, however, if the exemption under Section 55 of the Duties Act, 1997, applies regarding “apparent purchasers” and “real...
The use of a Bare Trust by a Self-Managed Superannuation Fund (SMSF) to borrow money and purchase assets
SMSF's are becoming more and more popular and many SMSF Trustees are looking to purchase real estate as part of the superannuation fund investment strategy. There is a minefield of traps for unwary SMSF Trustees and non-compliance with the superannuation legislation...
How is Superannuation dealt with in an Estate?
The answer to how Superannuation is dealt with in Estate matters varies depending on how the superannuation policy is set up and whether there is a binding death nomination in place on the policy. What is a Binding Death Nomination? A binding death nomination is a...
Can I contest a Will if the Will is not fair?
Yes, you can a challenge a Will on 2 grounds – That the Will is invalid because the Will maker lacked the mental capacity to make a Will, or did so under coercion or undue influence; or You feel that inadequate provision or no provision has been made for you in the...
Left out of a Will? Now What?
If you have been left out of what you would say is an ‘unfair Will’, you do have options. It’s always best to seek legal expert advice from an experienced Probate Lawyer as there are time limits. So What Should You Do? Firstly it is important to select the right...
What is included in a Deceased Estate?
When someone close to you passes away, it can be difficult to work out what does and what doesn’t form part of their estate. It is important that the Executor of the deceased’s estate takes into consideration all assets and liabilities including any debts of the...