Sheredyn Legg

Loans vs gifts: loan and guarantee advice

Gifts vs Loans: a thoughtful approach to protect your family’s financial future

As interest rates and the cost of living continue to rise, it’s becoming increasingly common for parents to step in to provide financial assistance to their children. Before you decide to help out, there are several key questions for you to ponder: Is there any expectation for repayment? Should the repayment occur during your lifetime […]

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Part IV claims, Testator Family Maintenance Claims

Understanding Part IV claims against deceased estates

A Will doesn’t necessarily determine the final distribution of an estate. If someone feels they haven’t been adequately provided for, they may be eligible to make an application to the Court for a share or a larger share of a deceased person’s estate.  These claims are generally known as Part IV claims, Testators Family Maintenance

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What everyone should know about estate planning and property ownership

What everyone should know about estate planning and property ownership

When buying a property, it’s important to own that property in a way that aligns with your estate planning goals.  Should you own property jointly, solely, or as tenants in common? Understanding the pros and cons of different ownership options can help you make informed decisions about how your assets will be distributed on your

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Understanding Victoria’s recent increase to probate filing fees

The Victorian Government has announced a significant increase of filing fees charged by the Victorian Probate Office within the Supreme Court. The new fee structure particularly impacts larger estates, with those valued $7 million or more now facing a fee of $16,803, up from $2,318.90. One positive change is for the small estates under $250,000,

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Navigating the effects of incapacity in Business and Trusts

Incapacity can have significant implications for the management and continuity of trusts and businesses. Incapacity can create complex challenges that require careful planning and legal foresight. This article explores how trusts and businesses, including sole traders and companies, are affected when a key person becomes incapacitated and provides strategies to ensure smooth transitions and continued

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Guardians and Administrators: What if I lose capacity and haven’t appointed anyone to make decisions for me?

This article is a continuation of our Incapacity Series where we have recently discussed the Enduring Power of Attorney (“EPA”) and Appointment of Medical Treatment Decision Maker (“AMTDM”) documents and how they can be used to plan for the possibility that you or someone you know may lose capacity. We now consider what can be

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Appointments of Medical Treatment Decision Maker: What if I can’t make medical decisions for myself?

Every adult has the right to make their own medical treatment decisions. However, if you experience illness or an accident you may be unable to do so (either temporarily or permanently). An Appointment of Medical Treatment Decision Maker (“AMTDM“) is a formal legal document that allows you to appoint people who can make medical treatment

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Enduring Power of Attorney: What if I can’t make decisions for myself?

At some point in your life, you may be faced with an event – such as an accident or illness – that leaves you incapacitated and unable to make decisions for yourself. An Enduring Power of Attorney (“EPA”) allows you to appoint a person (or multiple people) to make financial decisions and personal (also known

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