At your death, your beneficiary’s inheritance is at risk from death taxes, Centrelink, bankruptcy and divorce. Working with your accountant and financial planner Estate Planning ensures that your estate goes to those you care about and not to the ATO and inlaws....
Australian Statutory Will A Statutory Will is a Will written by the Court for you – before you die. Ten years ago Rolf suffered a ‘near fatal’ car accident. The Court said that from that moment on he had ‘no testamentary capacity, no current...
Binding Financial Agreements (BFAs) are no longer worth the paper they are written on Legal Consolidated Barristers & Solicitors no longer prepares BFAs. To date, all Legal Consolidated BFAs have been upheld in the Family Court and other Courts. We have stopped...
SMSF Joint Tenants vs Tenants in Common – Which is better? Question: SMSF Joint Tenants vs Tenants in Common is a common discussion. I agree that Joint Tenancy is generally dangerous because of the CGT regime as per your previous PRUDENCE (2nd Edition)...
Court rewrites Will to save tax – a novel remedy for crazy people Each of the States and Territories allow the making, revoking and varying of a Will. But only if you lack testamentary capacity: South Australia: section 7 Wills Act 1936 (SA) ACT: section 16A...
Joint tenancy is old fashioned and dangerous Joint Tenancy vs Tenants in Common Tenants in common: each owner holds their discrete share of the asset outright. It can be 20% and 80%. Or can be 50% and 50%. Or is can be 34%, 6% and 60%. But it must equal 100%. When a...