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 […]
Understanding Part IV claims against deceased estates Read More »
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
What everyone should know about estate planning and property ownership Read More »
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,
Understanding Victoria’s recent increase to probate filing fees Read More »
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
Navigating the effects of incapacity in Business and Trusts Read More »
A Statutory Will can be the solution to estate planning problems where a person has lost capacity. Instead of being made by the person themselves, a Statutory Will is made for them by an Order of the Supreme Court of Victoria. The Wills Act 1997 (Vic) provides this mechanism for the Court to authorise a
Statutory Wills: What if I lose capacity to make a Will? Read More »
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
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
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
Enduring Power of Attorney: What if I can’t make decisions for myself? Read More »
Incapacity and Planning Ahead: Why Estate Planning Matters Many people overlook the importance of estate planning, assuming it’s only for the rich, elderly or sick. But regardless of your age, health or how much money you have, having a plan is important. Estate planning isn’t just about what happens to your assets after you
The Incapacity Series: The Importance of Planning Ahead Read More »
When a person dies ‘intestate’, it means that they have passed away without a valid Will (wholly intestate) or with a Will that doesn’t dispose of all of their property (partially intestate). When someone dies intestate, the intestacy laws of the relevant jurisdiction will determine how their assets will be distributed.
Inheritance in limbo: understanding the basics of Intestacy Read More »
The information presented on this website is intended for general informational purposes only and should not be construed as legal advice. It is not a substitute for professional legal advice and should not be relied upon for decision-making. You should obtain advice relating to your individual circumstances. While we strive to maintain accuracy and currency, we do not guarantee this in relation to the information on our website.
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