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PRUDENCE — Sagacity. Wisdom. Protection.

Legal Consolidated publishes PRUDENCE each week. It is emailed to accountants & financial planners. But anyone can join the free mailing list.

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 . While QLD and the ACT have special rules, separation and divorce do not nullify your…

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 and Equalisation clauses: making your Will fair

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 clause nor a Hotchpot clause in Wills works. A Hotchpot Clause tries to balance and treat the…

Marriage, Divorce and Defacto revoking Wills

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 all Australian States and Territories, marriage revokes your…

Can a POA act for a trustee?

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 company. A company can give a corporate POA . Can a human Trustee of a family…

Bankruptcy Trust in Wills

The Bankruptcy Trust protects your beneficiaries if they go bankrupt before or after your death. When you die you give your assets to your spouse and children. But what if your spouse, children or grandchildren go bankrupt? The assets you gave them in your…