Are funeral wishes in a Will legally binding?

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05/07/2022
funeral wishes not in a your will are funeral directions in wills binding

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 Supreme […]
27/02/2018

Lost Will vs destroyed Will vs valid Will

A ‘lost’ Will is not automatically a ‘revoked’ Will – lost vs revoked A Will is valid until it is intentionally revoked by the Will-maker. The Will-maker must be of sound mind to revoke a Will. A person holding a POA for the Will-makers cannot destroy a Will. Or rather, […]
11/09/2017

New profit centre for Accountants and Financial Advisers: Setting up a business structure

New profit centre for Accountants and Financial Advisers: Setting up a business structure This week is you setting up business structures for your clients. We have seen a 400% increase in Family Trusts and Unit Trusts being built on our website over the last 12 months. Baby boomers are refusing […]
25/08/2017

New profit centre for Accountants and Financial Advisers: Estate Planning

  New profit centre for Accountants and Financial Advisers: Estate Planning I hope you enjoyed last week’s new area of practice: updating SMSF Deeds.  This week’s new profit centre is Estate Planning. Some people incorrectly believe that Estate Planning is about a lawyer making a Will. I have prepared an […]
25/03/2017

CGT on dead wife’s wedding ring. Specific gifts in Wills are bad. Equalisation clauses do not work.

Capital Gains Tax on dead people’s jewellery – CGT death duty on a wedding ring Sometimes people make a mistake. They put a Specific Gift in their Will. For example, ‘my wedding ring to my daughter’. The result? CGT death duty on that wedding ring. At death, your Will is […]
17/11/2016

Can you abandon a gift in a Will to keep the pension?

Can you abandon a gift in a Will to keep the pension? The Financial Planner carefully structures Mary’s affairs. Mary receives a $1 pension and Concession Card. But then, Mary’s mother dies. Mum’s Will leaves everything to Mary. The inheritance costs Mary her $1 pension and Concession Card. Mary has […]
07/11/2016

Mum dies, baby pays 66% tax

Parent dies leaving children under 18 – use of Post-Death Testamentary Trust In a perfect world, you build a 3-Generation Testamentary Trust in your Will. When you die, your Estate is tax-free for 80 years. A 3-Generation Testamentary Trust washes out the de-facto death duties: Capital Gains Tax, Stamp Duty […]
23/10/2016

Unsigned Will still valid – Statutory Will

Unsigned Will of dead Athena White; Parry v Smith What do you do with an unsigned Will? The Will was never signed. However, the Chief Justice said the Will was still valid. Under  s.21(2)  Succession Act, an order authorising a statutory is only made while the Will maker is still alive.  […]