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...
Who owns my company at death? What happens when a director dies? At death, your shares in a company go into your Will. Your shares are part of your deceased assets. Your executor in your Will looks after the shares and the company. The executor does this in the...
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...
Fixing mistakes in a new company. ASIC Form 492 – Request for correction If you make a mistake on a form that you have already lodged with ASIC, you can lodge an amendment. This is by preparing and lodging a Form 492 – Request for correction. Use...
The ‘Curse’ of the Homemade Will Master Sanderson, Rogers v Rogers Young [2016] WASC 208 stated: “On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse. Homemade wills which utilise what is...
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...
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...
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...
