CGT Event E4: Tax Timing Adjustments and the Risk of Double Taxation in Unit Trusts

CGT Event E4: Tax Timing Adjustments and the Risk of Double Taxation Professor Brett Davies from Legal Consolidated emphasises the importance for practitioners to stay informed about CGT event E4. This is particularly true when dealing with unit trusts. This event may...

Amending a Testamentary Trust After the Will Maker Dies

  Amending a Testamentary Trust after the Will Maker Dies In Australia, the legality of altering a testamentary trust after the Will Maker’s death can be intricate. It’s essential for both Will Makers and potential beneficiaries to comprehend the...

Electronic signing of documents does not work. Sign with a wet signature.

Professor Davies declares NSW electronic Will signing law a failure NSW reckless in its failed attempt to allow people in NSW to sign Wills electronically. As of 22 April 2020, in NSW, video conferencing technology like Skype, WhatsApp, FaceTime and Zoom are used in...

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 – estate planning for step-families and second marriages

What is a blended family when making a Will? A blended family has both stepchildren and biological children. Blended families have competing interests, requiring more care when drafting Wills. What are the two main approaches for step-family Wills? When it comes 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...