Do you have the mental capacity to sign a Power of Attorney?

Were you of sound mind when you signed your Power of Attorney? In the intricate web of Australian law, few legal matters carry as much significance as the capacity to create enduring powers of attorney (EPOAs) and the capacity to revoke them. These legal instruments...

What happens to my company when I die?

Who owns my company at death? At death, your shares go into your Will. Your shares are part of your assets. Your executor in your Will looks after the shares and the company. The executor does this in the best interest of the beneficiaries named in your Will. The...

Mental capacity when signing a Will and other legal documents

Am I sound mind enough to sign a legal document or a Will? Do I have the mental capacity to sign a legal document? Is it assumed I am of sound mind when signing a Will? Yes. There is a presumption of sanity. It applies to all deeds and gifts signed by you while you...

Succession Planning for a company

When you die do you want a specific person to replace you as a director?Your company may be: special purpose company trustee of an SMSF corporate trustee of your Family Trust trustee of your Unit Trust trading in its own right It is bad asset protection to have both...

Are funeral wishes in a Will legally binding?

Are funeral wishes in a Will legally binding? The funeral wishes in your Will are not legally binding. Your executor is not required to follow them. Do not clutter your Will with directions for your funeral and remains. Your Will has to take a journey. It goes to the...