Curse of the Post Office Will

  The ‘Curse’ of the Homemade Will Master Sanderson, Rogers v Rogers Young [2016] WASC 208 stated: “On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse.   Homemade wills which utilise what is...

What happens to my POA when I divorce?

Is a POA revoked when you separate or divorce? Divorce and marriage generally ends your Will. However, separation does not affect an existing Enduring or Lifestyle POA. Does the Power of Attorney appoint your ex-spouse as your attorney? While QLD and the ACT have...

Cryptocurrency in a Legal Consolidated SMSF deed

Legal Consolidated’s SMSF Deed, SMSF Deed updates and Investment Strategies are drafted to comply with the: Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act); Superannuation Industry (Supervision) Regulations 1994 (Cth) (SIS Regs).   Legal...

Hotchpot Clauses vs Equalisation clauses in Wills

  Dangers of a Hotchpot Clause in a Will – Re CosierDeceased Estate Equalisation in Wills are bad We want to treat our children equally. In our Wills, we put in an Equalisation clause. Or we put a Hotchpot clause in our Will. But neither an Equalisation...

Marriage, Divorce and Defacto revoking Wills

Getting married, divorced or defactos – does it affect your Will? Usually, marriage revokes your Will. Marriage cancels, nullifies and destroys your current Will. Therefore, if you die as you leave the church you die without a valid Will. You are intestate. In...

Can a POA act for a trustee?

  Can a Trustee delegate its authority? Can a POA act on the trustee’s behalf? A human Trustee can not outsource the job of being a trustee to another person. Even if that other human holds a Power of Attorney for the Trustee. The position is different for a...