What happens when co-executors can’t agree? Lessons for will-makers and executors
Appointing two executors might sound like a sensible way to share responsibility, indeed, it is something we often recommend. But what if those executors can’t agree, or worse, one refuses to act? The Supreme Court of New South Wales case Wise v Barry; The Estate of Robyn Margaret Wise [2018] NSWSC 1726 shows how easily an estate […]
Probate delays: why it takes so long to finalise an estate
Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.
Excluded from a step-parent’s Will? What step-children should know in South Australia
When a parent dies and leaves everything to their spouse, many children choose not to contest the Will. Out of respect for their parent’s wishes, the grief involved, and the complexities of family life, they allow their step-parent to inherit everything. But years later, when that step-parent dies and excludes the step-child from their own […]
Can I sell property of a deceased estate before probate is granted?
You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!” But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do.
Advising under an EPOA: Know your duties and risks
As a professional adviser, you may have been instructed to manage personal wealth matters for clients in a way that benefits not only your client but also their families. Your client, like Mary, may have routinely provided regular financial support to their family – adult children, grandchildren, spouses, or even elderly parents. This support can be informal but deeply entrenched, often continuing for years.
But what happens when your client loses capacity, and their Enduring Power of Attorney (EPOA) takes effect?
Who pays when someone challenges a Will? A guide for Will-makers and executors in South Australia
If you’ve made a Will or you’re responsible for administering someone else’s estate, you might be concerned about the possibility of a challenge. Will a disgruntled family member make a claim? Could it result in lengthy court proceedings or large legal bills?
Can you gift trust assets in your Will? What every farmer and family business owner needs to know
Learn about Trust Succession and its crucial role in managing family wealth. Ensure your assets are properly protected and passed on.
Paying debts and liabilities: a guide for executors in South Australia
Get insights into estate administration, including legal obligations for executors in managing debts after someone passes away.
The hidden tax trap in your estate plan: why super needs special treatment
Understand the Super Proceeds Trust and how it ensures superannuation death benefits are distributed tax-efficiently.
Blended families & superannuation: getting your BDBN right
Discover key aspects of superannuation and how to ensure your Binding Death Benefit Nomination is valid and effective.