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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.

Can I gift company assets in my Will?

You can gift shares that you own. But you cannot gift the assets in the company. The company owns the assets, not you, the shareholder. No. But you can gift the shares. Here is an example: Dad owns all the shares in BeachCo Pty Ltd. BeachCo owns the holiday…

Do all attorneys and backup attorneys need to sign my POA?

An Enduring Power of Attorney is a powerful economic document. It allows the people you appoint to manage your wealth. They step into your shoes. They open bank accounts. They sell real estate. But a common question arises. Do all your attorneys have to sign…

What happens in your Will if a child dies before you?

A mother had four children, but one had already died before her. Her Will said everything to my: 'children as shall survive me'. Five words that cost the family a court case. The surviving grandchildren — the children of the dead child — got nothing under the…

A POA and POG only work in their home state

Sun Tzu in The Art of War tells us that warfare is based on deception. Australian state governments play the exact same game. Australia consists of eight proud, separate jurisdictions. They have their own football teams. Each state is the master of its…

Homemade Will evicts son from family home: a $100,000 tragedy

Mrs Raveica Negrean loved her son, John. She wanted him to be safe and live in her home when she died. So, the mother wrote in her homemade Will: "[To] my son John Negrean (Ioan Borbil) principal place of residence and I wish it to continue being his home for…

The End of the Handshake: Why the Merger Game Just Changed

In the high-stakes world of corporate finance, we often get lost in the takeover jargon. We talk about "synergies" and "accretive value." But for the average Australian, what does this actually mean? To start from ground zero: a merger is effectively a…