Do Marriage and Divorce revoke your Will?

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Do Marriage and Divorce revoke your Will?

Does getting married destroy your Will? What if you separate from a marriage or a defacto relationship? Does it affect a previously made Will? Getting married? Does it affect your Will? Usually, marriage revokes your Will. Marriage cancels, nullifies and destroys your current Will. Therefore, if you die as you […]

Can a POA act for a trustee?

An Australian Enduring Power of Attorney (POA) is a legal document. It allows you to appoint a person to make decisions about your assets. The POA deals with your assets e.g. real estate and bank accounts. Trustees of a Family Trust – Trustee delegating authority A Trustee can not outsource […]

Bankruptcy Trust in Wills

Smart people do not hold assets in their own name. Thus they keep assets out creditors’ reach. This is useful for business owners as well as the wealthy. Lose in court? You lose your assets. But you generally do not lose the assets held in your ‘safe harbours’: your spouse […]

Financial Planners witnessing POAs

The Statutory Regulations 2018 (Cth) allows financial planners and advisers to witness Commonwealth statutory declarations. This has been the case since 18 September 2018. This means that financial planners are in the group of ‘authorised witnesses’. This is long overdue and I applaud the FPA and many other groups, including […]

NSW Stamp duty to change a Trustee

Change a trust’s trustee to a corporate trustee in New South Wales? At times, you may wish to change the trustee of your New South Wales trust. Perhaps the trustee dies, leaves the country or loses mental capacity. Or you want to move from a human to a company as […]

Family Trusts – extra duty and land tax surcharges on foreigners

States punish ‘foreigners’ in family trusts for stamp duty and land tax We amend Family Trust deeds to exclude foreign persons from being beneficiaries. However, we believe it is incorrect to have your initial trust set up to exclude foreigners. Instead, you should do a “Deed of Variation to Remove Foreigners” […]

How to legally murder a person in Australia, legal suicide

How to legally murder a person in Victoria Action films take murder lightly. With the use of a gun or a knife; a person’s life can end. Life goes on. In the real world, this is not the case. The right to die requires you tick many boxes. You need […]

Australian pets in Wills

Pets in Wills I grew up with dogs, cats, birds and other pets. They are now an important part of our son’s life and development. Australia has one of the highest rates of pet ownership in the world. Over 62% of Australian households own pets. There are more than 24 million pets in […]