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...

Are funeral wishes in a Will legally binding?

Are funeral wishes in a Will legally binding? The funeral wishes in your Will are not legally binding. Your executor is not required to follow them. Do not clutter your Will with directions for your funeral and remains. Your Will has to take a journey. It goes to the...

Curse of the Post Office Will

The ‘Curse’ of the homemade Will “On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse. Homemade wills which utilise what is sometimes known as a ‘will kit’ are not much better. This case proves the point. The...

Divorce and POAs

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 clause nor...