Australian Statutory Will A Statutory Will is a Will written by the Court for you – before you die. Ten years ago Rolf suffered a ‘near fatal’ car accident. The Court said that from that moment on he had ‘no testamentary capacity, no current...
Binding Financial Agreements (BFAs). Legal Consolidated Barristers & Solicitors no longer does BFAs. To date, all Legal Consolidated BFAs have been upheld in the Family Court and other Courts. We have stopped doing BFAs while we have a 100% success rate. In our...
SMSF Joint Tenants vs Tenants in Common – Which is better? Question: SMSF Joint Tenants vs Tenants in Common is a common discussion. I agree that Joint Tenancy is generally dangerous because of the CGT regime as per your previous PRUDENCE (2nd Edition)...
Court rewrites Will to save tax – a novel remedy for crazy people Each of the States and Territories allow the making, revoking and varying of a Will. But only if you lack testamentary capacity: South Australia: section 7 Wills Act 1936 (SA) ACT: section 16A...
Super Binding Nomination wrong three times in Munro v Munro Mr Munro, a lawyer, loved his two daughters from his first marriage. As in Cinderella, his second wife did not feel that love. His Will gave $350 000 to his second wife and the remainder of his huge estate to...