THERE have always been loans and gifts between family members, often between a parent and a child or children. These payments are rarely documented and the intention of each party is often not clear. This can lead to significant family concern and dispute, both before a person dies and with their Will. For example, a parent may think of it … Read More
Overseas assets and travel highlight the need for an Enduring power of attorney
EVERY adult should have a current enduring power of attorney. Most do not and while older people are now making powers of attorney, we are obviously all prone to accidents, illness or injury regardless of our age. The situation becomes more complicated if people have assets in different countries or live or spend significant time in more than one country. … Read More
Consider overseas assets when making a Will
PEOPLE usually understand the importance of having a Will although statistics say that most Australians don’t have one. If you don’t have a Will then the finalisation of your estate and affairs will inevitably be more expensive, complicated and uncertain. The issue becomes even greater when people have overseas assets. There is an increasing number of Australians who have family, … Read More
The Advanced Health Directive
IN THE past two weeks I have looked at General Powers of Attorney and Enduring Powers of Attorney. Both are formal documents that give another person the authority to make decisions on your behalf. Out of the two, only the Enduring Power of Attorney can provide power to make decisions about personal and health matters. But what about if you … Read More
Wills – what are they and why you should have one
A “WILL” is a legal document stating your wishes regarding the division of your estate, that is, your money and assets, after you pass. You also appoint someone to administer your estate, known as an Executor, usually a family member, close friend or legal advisor. If you die without a Will, this is called dying intestate and your estate will … Read More
Do I Really Need a Will and EPOA?
How often have you said that to yourself? I have often heard friends, family and clients say this to me – I have been discussing a Will and EPOA for a while now. So why is it so important? A couple of years ago I was working in a law office, seeing clients about their Wills. One Monday morning a … Read More
A Will Can Now Be A Text Message
In a recent well publicised Court decision, the Court in Queensland determined that a Will made by text message was valid and enforceable. This was after a costly and contested Court battle. Historically, Wills were made with great formality, had to be properly witnessed and the requirements for completion of the Will, including the signing and witnessing of it were strictly enforced. … Read More