A Testamentary Trust is a Trust that is set up in your Will to look after your loved ones after you are gone. As a Testamentary Trust is included in your Will it only comes into existence after you die! The way a Testamentary Trust works is that you set up a Trust in your … Continue reading How does a Testamentary Trust Work?
Inheritance Tax and Trust Funds can be complicated to set up, here is a scenario that I’m often confronted with. I would like to put $150,000 in Trust to each of my four children who are all in their 20’s. Will they have to pay inheritance tax or will they be exempt? Generally, when people … Continue reading Inheritance Tax and Trust Funds
Knowing what to do when you lose a parent can be one of the hardest situations to experience. As well as dealing with the loss of a loved one, you may also have to deal and handle the effect of their death, which may include, ensuring that the wishes set out in their Will are … Continue reading What To Do When A Parent Dies!
Australian Wills do include a “Catch Clause” and it is generally referred to as a “residuary clause” in a Will. The purpose of including a residuary clause in a Will, is to ensure that any property not mentioned in your Will, is properly disposed of without the risk of a partial intestacy arising. A partial … Continue reading Australian Wills “Catch Clause”
I am the single parent of a child with severe disabilities. What can I do in relation to providing for them in my Will? I want to ensure that they are properly taken care of when I am no longer able to. You are not alone in worrying about what will happen to your child … Continue reading Single Parent Of A Child With Disabilities
Battle of Wills – My husband died 6 months ago and left $150,000 to one of my sons and to the other, our holiday home. I feel that this is a little unfair given that the price of the house is worth approximately $400,000 – $500,000. As his widow am I able to Contest … Continue reading Battle of Wills
What is the Court process for Contesting a Will and is it Expensive? – There are a number of legal grounds available to Contest a Will, so the Court process and costs will vary depending on which legal ground is used. Family Provision Claim Court process and costs – A Family Provision Claim is a claim … Continue reading Court Process For Contesting a Will
Inheritance Tax, commonly referred to as “death duties”, has not applied in Australia since 1981. Despite abolishing Inheritance Tax, there are still a number of taxes, that may impact on you if you receive an inheritance from a deceased Estate. Capital Gains Tax If you inherit shares or real estate then Capital Gains Tax may … Continue reading Death Duties In Australia!
A Fiduciary relationship is a term used to explain the relationship of confidence that exists between certain people such as a lawyer and client, or the Executor of a deceased Estate and the beneficiaries of that Estate. A Fiduciary, such as an Executor of a deceased Estate, has a legal and ethical obligation to protect … Continue reading What is a Fiduciary and why are they used?
I’m interested in finding out more about Estate Planning. Is this something that can be discussed when I see my lawyer to make a Will, or do I need to see my accountant as it involves financials? Estate Planning is definitely something that you need to discuss with your Lawyer, even before you consider making … Continue reading Estate Planning