Testamentary Capacity Despite Dementia Diagnosis

By Janine O'Brien • In Estate Planning, WillsComments Off on Testamentary Capacity Despite Dementia Diagnosis

In the recent South Australian case of Roche v Roche [2017] SASC 8 the Court found the testator, John Roche, had testamentary capacity despite a dementia diagnosis having been made. The parties to the dispute agreed that, at the time of the signing of his Will in 2006, the testator

Read More

Another Pro Forma Will Disputed in Court

By Lucille Moala • In Estate Planning, Estates, WillsComments Off on Another Pro Forma Will Disputed in Court

The Queensland Supreme Court case of Rhodes v Rhodes (as Executor of the Will of Cecil Ronald Rhodes) & Ors [2017] QSC 21 serves as a timely reminder that pro forma Wills are a poor substitute for proper estate planning advice and drafting. In this case, the deceased left his

Read More

Powers of Attorney, Trusts and Companies

By Lucille Moala • In Estate PlanningComments Off on Powers of Attorney, Trusts and Companies

A Power of Attorney is one of the most important legal documents that a person can make. They can have an effect on your health, financial and living situations. As such, it is important to be aware of the powers that they can extend. In Queensland, there are two kinds

Read More

Making a Will – do you need to provide for your ex-partner?

By Lucille Moala • In Estate Planning, WillsComments Off on Making a Will – do you need to provide for your ex-partner?

You may think that your financial obligations to your ex-partner end following a family law property settlement. However, the recent case of Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10 has indicated otherwise. In this case, the deceased’s ex-wife (Magdalena) brought a claim for further provision

Read More

Court condemns homemade Wills as a ‘curse’

By Dan O'Connor • In Estate Planning, WillsComments Off on Court condemns homemade Wills as a ‘curse’

The recent decision of Rogers v Rogers Young [2016] WASC 208 has again highlighted the inherent dangers of not engaging an experienced lawyer to prepare your Will. In this case, Mrs Rogers died leaving a homemade Will (made using a Will kit) which had unclear and even contradictory provisions as

Read More

‘Loophole’ enabling elder abuse to persist without intervention

By Dan O'Connor • In Estate PlanningComments Off on ‘Loophole’ enabling elder abuse to persist without intervention

There is currently a gap in the powers of public advocates (such as Adult Guardian in Queensland) to investigate reported elder abuse. Although the Adult Guardian is able to investigate reported abuse in instances where someone has lost capacity, they have no power to act if the person still has

Read More

Why you should see an experienced estate planning lawyer – The case for taking proper notes

By Carly Fradgley • In Estate Planning, WillsComments Off on Why you should see an experienced estate planning lawyer – The case for taking proper notes

With DIY Will-kits available at the newsagent and templates available on the internet, you might be fooled into thinking that making a Will is a simple process. This is not always true as the case of Re Oliver (deceased) [2016] QSC 264 shows us. In this case, it was the

Read More

Trusts Update – Surcharge Taxes for Foreign Trusts

By Ella McNamara • In Estate PlanningComments Off on Trusts Update – Surcharge Taxes for Foreign Trusts

New South Wales In New South Wales, from the start of the 2017 land tax year a surcharge land tax at the rate of 0.75% will be applied to acquisitions of residential land by a ‘foreign person’. This surcharge land tax will be payable in addition to any existing land

Read More

Breaks in the SMSF documentation chain

By Belllegalwp • In Estate Planning, WillsComments Off on Breaks in the SMSF documentation chain

Carly Fradgley, Special Counsel in our Wills, Trusts and Estate Planning department, has recently had her article published in the SMSF Adviser. To view the article, please follow the link: http://www.smsfadviser.com/strategy/15039-breaks-in-the-smsf-documentation-chain?utm_source=SMSFAdviser&utm_campaign=04_01_17&utm_medium=email&utm_content=2

Read More

Superannuation reforms commencing 1 July 2017

By Lucille Moala • In Estate PlanningComments Off on Superannuation reforms commencing 1 July 2017

The prospect for superannuation reforms was announced by Treasurer Scott Morrison when he announced the 2016-2017 Budget earlier this year. On 23 November 2016, the Treasury Laws Amendment (Fair and Sustainable Superannuation) Bill 2016 and the Superannuation (Excess Transfer Balance Tax) Imposition Bill 2016 were passed by both Houses of

Read More