I have client with a severe Heart condition. She’s only been given about a month to live. She has had enough and does not wish to be resuscitated if her heart fails, so she wanted to sign an Advance Health Directive. There is a new AHD form, which, I am happy to report, is a […]
Advance Health Directive Read More »
Who would like to give 2% of their superannuation to the tax man, for no good reason? These days, most people have a half-reasonable amount in super. Most married people who die give their super to their spouse, but what about the survivor? They typically give their super to their adult children. If they do
Tax- Effective Wills Read More »
We obtained a judgment for our client for about $8,800.00 in the Magistrates Court. The Judgment debtor ignored our demands for payment, so we applied for a Debt Appropriation Order against the debtor’s bank, because, to the extent her bank account is in credit, it is a debt payable on demand by the bank to
Enforcing Judgements Read More »
We received a reminder from the provider of our SMSF deeds the other day. If you nominate your legal personal representative to be the recipient of your superannuation proceeds, make sure that they are dealt with separately in your Will, especially if your will has discretionary testamentary trust provisions. For example, if you leave your
Tax- Effective Wills Read More »
One of our clients passed away last year. He and his wife were trustees of 2 trusts, so we need to replace him with one of their daughters. In the process of preparing the deeds to appoint the daughter as trustee, we noticed that in one of the trusts, the trustees of the trust were
Trust Deed Variations Read More »
Enduring Powers of Attorney: We only ever allow our clients to execute the first type, because the other defeats the purpose of having an EPA, given that the same evidence is needed if you need to go to the SAT for an administration order if your loved one does not have an EPA. We have
Enduring Power of Attorney Read More »
Do you have your business held in Family Trust or Discretionary Trust? The ATO and most trust deeds, require a resolution distributing the income from the trust to its various beneficiaries to be made. If the resolutions are not passed, they cannot be made and back-dated. That amounts to fraud. Some deed have a default
A sad story this week. My client’s father died a month ago. My client understands that her father’s intention was that he would leave everything to his second wife, my client’s step-mother, including superannuation and the proceeds of a life insurance policy, but that the survivor would leave everything to his 3 children, 2 from
Evil Step-Mother Takes Inheritance Read More »
We have been helping a client chase a $242k debt, half of which is not actually in dispute, but our client’s client is basically trying to extort a settlement for a lesser sum by withholding the whole amount. We issued a creditors statutory demand about 4½ weeks ago for the undisputed portion. If the debtors
I am helping a client who paid most of the cost of the construction of a granny flat at his daughter and son-in-law’s house, using his $50k life’s savings. He also did a lot of the cooking, cleaning, washing, folding, ironing, lawn-mowing and taxiing of children. On sale, the plan was to buy 2 unit,
Granny Flat Dispute Read More »