What happens to my HECS Debt when I Die?

What happens to my HECS Debt when I Die? The executor of your Will lodges all outstanding tax returns. This is up to the date of your death. If the Notice of Assessment includes a compulsory HECS debt repayment, your Executor pays it out of your estate. Apart from...

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...

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

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....

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...