Forgiving a Company Debt to Get the Centrelink Age Pension

Forgive the money your company owes you to get Centrelink You are the sole shareholder of a private company. You are also the sole director. Over many years, you lent your company money. The company used the money in its business. The company now has no cash. It has...

Can my Will make my child get a divorce? Conditional gifts

Can a Will clause force my child to divorce? The Public Policy Rule No. A Will is not a remote control. You cannot use it to control your child’s marriage from the grave. But you can protect your estate. That is the difference. Many Will makers ask the wrong question....

Can I gift company assets in my Will?

No. But you can gift the shares. Here is an example: Dad owns all the shares in BeachCo Pty Ltd. BeachCo owns the holiday home. Around the kitchen table, everyone calls it ‘Dad’s holiday home’. Dad pays the bills. Dad books the repairs. Dad tells the children when...

Do all attorneys and backup attorneys need to sign my POA?

An Enduring Power of Attorney is a powerful economic document. It allows the people you appoint to manage your wealth. They step into your shoes. They open bank accounts. They sell real estate. But a common question arises. Do all your attorneys have to sign the...

What happens in your Will if a child dies before you?

What happens in your Will if a child dies before you? A mother had four children, but one had already died before her. Her Will said everything to my: ‘children as shall survive me’. Five words that cost the family a court case. The surviving grandchildren...