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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.

Do I mention my Family Trust in my Will?

Family Trusts have nothing to do with Wills. And Wills have nothing to do with Family Trusts. They are governed by separate laws and tax rules. A Will gives away what you own. In contrast, you do not ‘own’ the assets in your Family Trust; you merely control…

What happens to mortgages when I die?

Q : What happens if, when we die, there is still a mortgage attached to the properties? If we were to die soon, each house would have a $400k mortgage. Most of this ($300k) could be cancelled out using the equity from our primary residence, but what happens…

Nicknames and alias names in Wills

Names change. People move. Identity documents disagree. None of that should make your executor play detective. A nickname, former surname or spelling error does not automatically invalidate a Legal Consolidated Will or destroy a gift. But unclear…

What happens if we all die together?

A: You have young children who travel with you. The car rolls over and you and your spouse, together with your children all die together. When you have young children select ' yes ' to the Disaster Clause question as you build your Will. Read the hints on…

Risks of including gifts to Charities in Your Will

Specific Gifts are problematic more so when you include charities in your Will. Rather than making a Specific Gift in your Will, consider making the charity a Residuary Beneficiary: leaving the rental property to a non-charitable beneficiary, such as a human,…

Guardians and Executors in your Will when your child is under 18

Executor : In a Will, the 'executor' carries out the instructions in your Will. The executor administers your estate. The executor sets up the appropriate trusts. Guardian : A guardian looks after your young children. In Australia, the executor of your Will…