Wills for blended families

When it comes to wills for blended families, there are two main approaches: 1. Leave everything to my second spouse You leave everything to their second spouse. Once both of you die, a portion of the inheritance goes to your family, and the remaining portion goes to...

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...

Self Managed Superannuation Fund Guide

Written by Barbara Smith AM, Dr Brett Davies, Dr Ed Koken I am honoured to have joined forces with well-known and award-winning authors Barbara Smith AM and Dr Ed Koken to produce the fully revised book: Self Managed Superannuation Fund Guide. This practical, plain...

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....

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...