Do You Know How Your Will Works?
A person who makes a Will must have testamentary capacity. This means the person understands the nature and effect of making a Will and understands what they own and who can claim on their estate. Wills can be challenged and ‘struck out’ if a person did not have...
It was mum’s fault !
It is not uncommon for parents to exclude children from their Will – especially where the relationship between the parent and the child has soured. As you can imagine, the reasons for a breakdown of the relationship between a parent and child can be many and varied....
It’s On Again
I recently wrote about ASIC commencing penalty proceedings against CBUS Superannuation Fund. In those proceedings, ASIC asserts CBUS failed to act efficiently when handling claims for the payment of Death Benefits of members. Well, ASIC is on the civil penalty...
To begin, begin
As we welcome the new year, many of us take time to reflect on our goals and aspirations. We make promises to ourselves to eat healthier, exercise more and do something new. Amid all the self-improvement, however, it’s easy to overlook one important aspect of our...
Copy That !
I wrote about the importance of knowing where your original Will is in this column a year or so ago. The three recent files on my desk and the decision of Hindman J handed down in the Brisbane Supreme Court on December 5 on one of my files suggests it’s time to...
Aged Care Reform has taken ages
The Royal Commission into Aged Care Quality and Safety was established on October 8, 2018, and recommended in 2021 that there be a new Aged Care Act. The Aged Care Bill 2024 got the green light in parliament on November 24 and is likely to become law from July 1 this...
It’s About Time…
I noted with interest the Australian Securities and Investments Commission (ASIC) has commenced penalty proceedings against the Construction and Building Unions Superannuation Fund (CBUS). ASIC alleges CBUS failed to act efficiently when CBUS handled claims being made...
Locked in … Is the feeling mutual?
When I see a couple to take instructions for their Wills, and they each have children to a previous relationship, it is common for them to gift: • everything to their spouse; and • if their spouse has died, equally between their children and stepchildren. Clients are...
Transferring control is a good idea.. Trust me.
For one reason or another, you may have purchased assets in the name of a Trust. Often described as ‘Family’ Trusts, these Trusts usually have common features including: A Trust Deed (the rule book); A Trustee (the manager); An Appointor/Principal (the supervisor and...
Stay With Me Until the End…
As we age and care needs increase, most people prefer to receive assistance in the comfort of their home. In response to the Royal Commission into Aged Care, Quality and Safety, Home Care Packages will be replaced by a new program known as Support at Home. There are a...