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?
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…)
What is a deceased estate? Is there land tax on a deceased estate? December 9, 2011
Posted by andersonslawblog in Andersons Solicitors, Estate Planning, Family Law, Family Trusts, General News, Power of Guardianship, Powers of Attorney, Wills, Wills and Estates.Tags: adminstrator, beneficiary to a Will, capital gains tax on deceased estate, deceased estate, do I have to pay tax on a deceased estate, executor, Executor of a Will, is there tax on a deceased estate, Power of Attorney, Power of Guardianship, tax on deceased estate, what is a deceased estate, Wills
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Simply put, a deceased estate is the property of a person who has died. It includes any homes or buildings, investments, motor vehicles, cash, personal property etc. It’s everything they owned in their own name, but not normally superannuation or joint property.
Straight Talking Now; What’s an Enduring Power of Attorney July 14, 2011
Posted by andersonslawblog in ComCare, Commercial Litigation, General News, Guardianship, Medical Negligence, Motor Vehicle Accidents, Powers of Attorney, Public Liability, Superannuation & Insurance Law, Wills and Estates, WorkCover.add a comment
What happens if you have an accident or suffer a stroke or some other serious injury? Who will make important financial decisions for you?
Did you know that your partner or children do not have any immediate legal right to act as your legal representative if you become incapacitated? (more…)
Can I divorce my spouse if we are separated but living together? March 30, 2011
Posted by andersonslawblog in Childrens Issues, Commercial Law, De Facto Relationships, Estate Planning, Family Law, Family Trusts, General News, Guardianship, Power of Guardianship, Powers of Attorney, Property Settlements, Regional Offices, Wills, Wills and Estates.add a comment
Put simply, yes. There is one ground for Divorce in Australia, which is that the marriage has “broken down irretrievably”. To show this you must show the Court that you have “separated” and “lived separately and apart” for a continuous period of not less than 12 months immediately prior to the date of filing your Application for a Divorce. This may sound a little confusing but you can actually be considered to be living separately and apart even if you have continued to live in the same home together or you provided household services to each other. (more…)
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