Wills and Estate Planning Blog

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Can I stop my Will from being contested if I give away my assets before death?

There is a common misconception that it is possible to prevent a contest to your Will by giving away your property ...
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Can I sign my Will during the COVID-19 lockdown?

Ordinarily a Will must be signed and witnessed by two persons in the presence of each other and the person ...
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Marriage? Will this affect my Will?

In Australia, the laws governing marriage and divorce are legislated at the Commonwealth level of government. However, laws surrounding your ...
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Advanced Health Care Directive and Appointment of Enduring Guardianships

If you are unwell or required to undergo surgery, you may wish to prepare a health care directive. A health ...
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So you have a family trust – What happens when you die?

Trusts are a popular vehicle for business and investment of family assets because of the tax and asset protection advantages ...
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Informal Wills – what happens if my Will is not legally valid?

The current COVID-19 pandemic has been a worrying time for all, particularly when it comes to our health and our ...
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What happens to my social media after I pass away?

By Annalyse Betts and Kerin Cotchett In 2020 most people use social media to communicate with friends and family or ...
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Who will look after your children when you are gone?

By Annalyse Betts and Lee Usher-Clarke Do you have children under the age of eighteen? Who will look after them ...
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What happens when I leave a gift to a charity and the charity later doesn’t exist?

What happens when I leave a gift to a charity and the charity no longer exists after my death? Many ...
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COVID-19 and Estate Planning

Wills, Powers of Attorney, and Guardianship documents Advice from government and health experts is that the most important thing that ...
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International Estate Planning – Wills across the globe?

By Annalyse Betts and Lee Usher-Clarke Have you lived or worked overseas and acquired assets along the way? Do you ...
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What is a testamentary trust and why should you include one in your Will?

What is a testamentary trust and why should you include one in your Will? If you are putting in place ...
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Superannuation Claims

By Annalyse Betts and Kerin Cotchett Do you have questions regarding where your Superannuation will go when you die? See ...
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Can you contest a will?

By Lee Usher-Clarke Family Provision Claims 101 Have you been left out of a will? If you been left out ...
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Step by step guide for executors of a Will

By Annalyse Betts and Kerin Cotchett At Elringtons, we understand the loss of a loved one is extremely difficult. This ...
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Charitable Gifts in Wills

By Mitchell Evelyn Leaving a gift to a charity in your Will can be a great way to provide generous ...
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Top Tips for Estate Planning

By Mitch Evelyn Our team helps hundreds of people each year put together their plans for death or incapacity. Our ...
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‘Undue influence’ in Estate Planning

Your Will is a crucial element of your overall estate planning. “Estate planning” refers to all those important documents and ...
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Elder Abuse: Together making change

There are a number of reasons why the subject of elder abuse is gaining more traction with politicians and getting ...
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Minor Wills – Do you have to be over 18 to make a will?

As well as being “of sound mind” or having testamentary capacity to make a Will, a will-maker (also known as ...
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Elder Abuse – A Confluence of Rights and Responsibilities

In July 2017, the Australian Law Reform Commission released a report into the prevalence of “elder abuse” in Australian society ...
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Can you leave your estranged children out of your Will?

The Succession Act (NSW) and the Family Provision Act (ACT) allows for “eligible people” to make a claim upon your ...
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Who can make decisions about your health?

By Mitchell Evelyn In many ways, the appointment of a Power of Attorney or Enduring Guardian is one of the ...
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Myths and Misconceptions

End of life and the law – Myths and Misconceptions

By Mitch Evelyn Talking about death with a spouse, parent, child or next-of-kin can be difficult or might seem like ...
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What can you do when an executor isn’t doing their job?

By Mitch Evelyn Being an executor of an estate is a position of great trust and responsibility which many people ...
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Wills for minors or the impaired – Statutory Wills

By Kerin Cotchett In order to make a Will, a person must have “testamentary capacity” – that is, they must be ...
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Appointing an Enduring Guardian and Enduring Power of Attorney

Planning ahead Many people put a great deal of thought into their Wills – and rightly so, however, many of ...
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How much will your “free” will really cost?

By Rod Anthes A lot of people think that it is easy to make a Will and that they can ...
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Why Should I make a Will?

By Kerin Cotchett Making a Will provides a legal direction to ensure that your assets and possessions are distributed as you ...
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What is an Executor?

Are you an executor of someone's will? If you are an executor named in someone’s Will it means that the ...
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Choose your executor well

When making your Will it is important to choose appropriate executors – they should be people you can trust to ...
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Self Managed Superannuation Funds

Where does my Super go when I die? An important tool in estate planning is the use of binding death ...
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Super’s Magic Pudding: a Plus for Baby Boomers

Once money is put into super the general rule is that it must stay there until the person entitled to ...
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Wills – the freedom of testamentary disposition

What happens if I exclude someone from my will? It is surprising how many people choose to exclude a family ...
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When should you change your will?

It is advisable that you should change your Will not less than every 5 years. It is most important that ...
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Disputing a Will: When can a person apply for provision out of an estate?

By Matthew Bridger If your relative, your partner or someone with whom you were in a close relationship has died ...
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Where will your super go when you die?

When you are formulating a Will, it is not well known that your hard-earned superannuation does not automatically form part ...
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