Rights of Beneficiaries Giving or Receiving Gifts in a Will March 14, 2012
Posted by andersonslawblog in Andersons Solicitors, Estate Planning, Family Trusts, General News, Power of Guardianship, Powers of Attorney, Wills, Wills and Estates.Tags: abatement, ademption, beneficiary rights, beneficiary to a Will, Can I contest a Will, demonstrative legacy, executor duty, executors duties, failed legacy, general legacy, gifting in a will, Greg Welden, laibilities of an estate, legacy can fail, pecuniary legacy, requirements of executor, residuary legacy, rights to assets in a Will, specific legacy, transfer of legacy, Will terminology
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You may find a lot of terminology used in this blog article that you’re not overly familiar with. To assist you, we’ve included a short set of definitions at the end.
So you wish to leave someone a gift in your Will? Or alternatively you have been left something by a loved one or relative in their Will. What are the dangers and risks associated with gifting in a Will?
Flood insurance. How can I be sure I have the cover I need? March 13, 2012
Posted by andersonslawblog in Andersons Solicitors, Commercial Law, Commercial Litigation, General News, Public Liability, Regional Offices, Superannuation & Insurance Law.Tags: burst pipes water damage, busrt pipes flood insurance, do i have enough flood insurance, federal government flood definition, flood insurance, flood prone area insurance, flood risk, insurance policies terminology, insurance policy flood wording, john daenke, king tides flood insurance, rainfall run-off, river overlfow insurance claim, sea level rise flood insurance, sormwater flooding, storm and tempest damage, storm surge flood insurance, water damage in insurance policies, what is flood insurance
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A domestic property or small business property may be damaged by water in a number of ways and people will often just say, ‘It was a flood’.
Insurance policies have specific terms dealing with water damage which must be distinguished. Not everything related to water damage is considered flood damage by insurance companies.
When is a non-cash benefit a “benefit” under the SA Workers Comp Scheme? March 13, 2012
Posted by andersonslawblog in Andersons Solicitors, Common Law Damages, Employment and Industrial, General News, Lump Sum Payment Claims, Medical and Like Expenses, Weekly Payments, WorkCover, WorkCover Lawyer Adelaide.Tags: adjsustment of weekly payments, Alana Moore, cash benefits on WorkCover, company car for work, overall employment package, salaray packaging and workcover, salary sacrifice effects on WorkCover, weekly payment calculations, WorkCover weekly payments, workers compensation weekly payments
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Sometimes, when a worker’s weekly payments on WorkCover are set initially on a claim, the circumstances of what they get by way of income and their overall package can change down the track. An example of this is when a worker at the start of a claim has the use of a company car and then at some point later down the track due to the worker being terminated or detached from employment the car is taken away from the worker. (more…)
Living in South Australia with assets overseas? Your “one Will to rule them all” may not be good enough. March 8, 2012
Posted by andersonslawblog in Andersons Solicitors, Estate Planning, Power of Guardianship, Powers of Attorney, Wills, Wills and Estates.Tags: deceased estate overseas, drafting Wills, grant of probate, Greg Welden, Overseas assets, Overseas Will, revocation of Will, valid Will, Wills & estate planning, Wills and foreign laws, Wills made overseas
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Many people making a Will may assume that their Will, validly made in South Australia is going to be effective to dispose of overseas assets they may own.
That assumption might be incorrect depending on where the overseas assets are held. To make certain the overseas assets can be adequately dealt with by a local Will care must be taken to ensure foreign laws are complied with. (more…)
Unfair dismissal? What can you expect now March 2, 2012
Posted by andersonslawblog in Andersons Solicitors, Employment and Industrial.Tags: 14 days from dismissal, dismissed from work, employer evidence, employer evident, employment law, harsh, industrial law, lodging unfair dismissal claim, sacked from work, sorna nachiappan, strict time limits to lodge ufd claim, ufd, ufd conciliation, ufd hearing, unfair dismissal, unjust or unreasonable
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One of the main questions we are asked after someone has engaged us to lodge an unfair dismissal claim on their behalf is “what happens now?”
Some very important time frames
The first thing to do is prepare the application for Unfair Dismissal and lodge it. (more…)
Lost your driving licence? Need you car for work? We’ve got an option… February 28, 2012
Posted by andersonslawblog in Andersons Solicitors, Criminal Law, General News, Police Matters, Traffic Offences.Tags: 4 or more demerit points, david mullen, demerit points, disqualified driving, disqualified from holding licence, drink driving, DUI, GLS, graduated licence scheme, lose job if I lose licence, need licence to work, P1 licence, P2 licence, safer driving agreement, serious disqualification offence, south australian legislation, speeding offences
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Can you apply for a Safer Driving Agreement?
In September 2010 legislation was enacted in South Australia involving changes to the Graduated Licensing Scheme (GLS). Not sure what this is? The GLS is, as the name suggest, a graduated scheme enabling qualified persons to progress to obtaining a full driving licence.
WorkCover recipients, are your medical expenses being paid? February 10, 2012
Posted by andersonslawblog in Andersons Solicitors, ComCare, Common Law Damages, General News, Lump Sum Payment Claims, Medical and Like Expenses, Weekly Payments, WorkCover, WorkCover Lawyer Adelaide.Tags: accepted workcover claim, marion williams, reasonable medical expenses, rehabilitation program, workcover case manager, workcover rehabilitation program, workers compensation medical expenses
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We often get calls from injured workers who have been told that their Case Manager won’t pay any more of their medical expenses. These injured workers often go without medical treatment that they need because of this “advice”.
And you know what… it’s wrong. (more…)
Been on WorkCover long term? How to apply for weekly payments beyond 2.5 years February 9, 2012
Posted by andersonslawblog in Andersons Solicitors, Common Law Damages, General News, Weekly Payments, WorkCover, WorkCover Lawyer Adelaide.Tags: Alana Moore, Andersons Solicitors WorkCover lawyer, current weekly earnings on workcover, current weekly payments, employers mutual claim, extend workcover income maintenance payments, Extend workcover payments, payments after 2.5 years on workcover, personal injury lawyer adelaide, personal injury lawyer sa, Section 35C, Section 35C(2), workcover claim, workcover lawyer, WorkCover weekly payments, workers income maintenance
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Generally now under the SA Workers Compensation legislation unless a worker has no current work capacity and that is likely to continue indefinitely a worker’s income maintenance (weekly payments) will stop at the 2.5 year point.
Personal Property Securities Register – Critical Information for Businesses February 3, 2012
Posted by andersonslawblog in Commercial Law, Commercial Litigation, General News, Regional Offices, Andersons Solicitors.Tags: personal property securities register, pps register, ppsr, south australian register of encumbered vehicles, asic company charge register, fixed and floating charges, asset protection, selling goods under retention of title, consignment of goods, mortgages over shares, losing goods to secured party, register interest on goods, insolvent, security register, security interests, security of property, security over assets, security over real estate, felix hoelscher
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New changes to the law in relation to the Personal Property and Securities Register (“PPS Register”) will affect most businesses in important ways.
