Can I prevent people from challenging my Will?

Wills & Estate Planning

It is impossible to guarantee that your Will, no matter how cleverly drafted, will avert all challenges in the future. With proper instructions, a competent drafter can take into account the needs of your beneficiaries today. However, as circumstances change and unforeseen situations arise, the needs of your beneficiaries will also change, and a person who would not have a good claim today may have a successful claim tomorrow.

How does separation affect a Will?

Wills & Estate Planning

Separating from your partner, and the process of a family law property settlement often takes considerable time. Despite the formality of these processes, is important to note that separation and family law property settlements DO NOT revoke your Will. It is only in the event of a divorce that separation will have an effect on your Will.

What impact does marriage have on my existing Will?

Wills & Estate Planning

Getting married is often one of the happiest days of a person’s life. Understandably, your Will is one of the last things on your mind. It is important to note, however, that your existing Will is revoked by your marriage.

Leaving a Gift to a Charity

Wills & Estate Planning

Leaving a bequest or a gift to a charity in your Will is a good way to continue support for a charity that is close to your heart, long after you’re gone. A charitable bequest can be made alongside distributions to children, family members and friends, or alternatively, your entire estate can be distributed to charities.

What is a Part IV Claim?

Wills & Estate Planning

We are all free to make our Will as we wish and see fit – this is known as testamentary freedom, and is a longstanding legal principle that forms the basis of how Wills are prepared and interpreted. However, Will Makers in Victoria have to make proper provision for persons they have an obligation to provide for. If a Will does not provide proper provision for that person, then they are entitled to request the Supreme Court of Victoria to make an order for greater provision. These are known as Part IV or Testator Family Maintenance (TFM) Claims.

Superannuation Death Benefits: Avoiding disputes

Wills & Estate Planning

Along with the increase in superannuation savings comes the issue of disputes arising between family members as to superannuation funds and how decisions are made regarding superannuation monies and its distribution as part of a deceased estate.

Powers of Attorney and COVID-19

Wills & Estate Planning

COVID-19

The coronavirus pandemic has meant the enforcement of social distancing and self-isolation in order to reduce the spread of the virus. This also involves the closure of various services and the implementation new social distancing requirements when leaving the house. As a result of these restrictions, it would seem that the need for Powers of Attorney has become increasingly important to assist in circumventing some of these difficulties, particularly for those in isolation who are unable to leave their home. Nominating a friend or family member to act on your behalf if you become ill or are unable to leave the house can provide you with peace of mind during these uncertain times, especially if you are within a high risk category.

Have you reached a point in your life where you have started to ask the question: ‘Do I Need a Will?’

Wills & Estate Planning

At any stage in your life, you may need a Will, regardless of your age. To ensure peace of mind and a greater level of certainty surrounding the division of your assets after your death, the making of a valid Will is something which is highly recommended.

Executor of a Will checklist

Wills & Estate Planning

Coping with the loss of a loved one is naturally a very emotional time, and often it can be difficult as the executor of a Will to know what to do and where to start. The following checklist is intended to assist executors through this difficult time, detailing what is required to be done to get the administration process underway.

Revocation of Power of Attorney

Wills & Estate Planning

Powers of Attorney convey a great deal of responsibility on those appointed as an Attorney. As your circumstances change, you may decide that there is someone more suitable or that your current attorney (or alternative attorney) is no longer a suitable person to make decisions on your behalf. In this situation, you may need to revoke your current Power of Attorney to ensure the right people are authorised to make decisions for you, when you can no longer do so. We provide a list of some of the most effective ways to revoke a Power of Attorney.

Voluntary Assisted Dying (Victoria): What you need to know

Wills & Estate Planning

On 19 June 2019, the Voluntary Assisted Dying Act 2017 (Vic) came into force in Victoria. It allows Victorians who are suffering from a terminal illness, and who meet strict criteria, to request access to voluntary assisted dying.

Changes to Intestacy laws (Victoria, Australia)

Wills & Estate Planning

In Victoria, if a person dies without a Will, they are said to have died intestate and their estate will be distributed in the manner set out in the Administration and Probate Act 1958 (Vic). In late 2017, significant changes were introduced to the intestacy provisions of the Act, with the aim of making intestacy laws fairer and more consistent with the practices of other States and Territories.