Blended Families and Estate Planning: It can’t have been easy for the ‘Brady Bunch’
When Mike Brady widowed with 3 sons (Greg, Peter and Bobby) and Carol Martin with her 3 daughters (Marcia, Jan and Cindy) married for a second time they became a 1970’s reality TV series of a blended family. Second marriages... Read More →
The Changing Landscape of Family Maintenance Claims
The Justice Legislation Amendment (Succession and Surrogacy) Act 2014 came into effect on 1 January 2015 to limit the type of claimant who can claim family maintenance from a deceased estate. The recent case of Brimelow v Alampi [2016] VSC... Read More →
Domestic (non-marital) relationships in Wills
At law, a domestic partnership is a relationship between two adults who are not married to each other but who are a couple (irrespective of gender or whether they live under the same roof) where one or both provided personal... Read More →
Changes to Power of Attorney legislation in Victoria
In Victoria, from 1 September 2015, the previous four types of Powers of Attorney – General, Financial, Medical Treatment and Appointment of Enduring Guardian – have been reduced to three. 1. Non-enduring (replaces General) Non-enduring Powers of Attorney are for... Read More →
Independent executors
It is worth considering the appointment of an independent executor to act in your interests when it comes to dividing up your Estate. In many cases, a person making a Will appoints their spouse as executor and then their adult... Read More →
Changes to Deceased Estate Laws
Changes to Part IV of the Administration and Probate Act 1958 are set to affect testators’ family maintenance laws. These changes relate to the types of people who may be eligible to make a claim on a deceased estate, and... Read More →
Death and Relationships
Life can be complicated for children and new partners when new relationships starts after an earlier marriage or de facto relationship ends through death or divorce. The Courts expect married and due facto couples to fairly provide for their surviving... Read More →
Effect of Marriage and Divorce on Validity of Wills
The question of marriage and divorce and their effect on validity of Wills crops up every now and then when meeting with clients to confirm their instructions for new Testamentary documents. Some couples have not even discussed marriage. Many people do not realise that... Read More →
Superannuation, Self-Managed Funds and Succession Planning.
Many people are unaware that Superannuation is not an asset you may bequeath to someone in your Will. Accordingly, you must plan how your Self Managed Super Fund | SMSF | is to be administered on your death. Minimal administrative issues and costs will... Read More →