Mental capacity when signing a Will and other legal documents

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 you...

Succession Planning for a company

When you die do you want a specific person to replace you as a director?Your company may be: special purpose company trustee of an SMSF corporate trustee of your Family Trust trustee of your Unit Trust trading in its own right It is bad asset protection to have both...

Are funeral wishes in a Will legally binding?

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 the...

Curse of the Post Office Will

The ‘Curse’ of the homemade Will “On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse. Homemade wills which utilise what is sometimes known as a ‘will kit’ are not much better. This case proves the point. The...