Property & Estates

What is Child Support?

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Child Support is one of the most complicated and contentious issues for separated parents. Child Support can be very confusing to understand and can cause ongoing tension between separated parents, especially as Child Support is payable until a child turns 18 or finishes high school (whichever happens later). What is Child Support? Child Support is … Read more

What about my Self Managed Super Fund?

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Many couples choose to invest in their superannuation via a Self-Managed Superannuation Fund, rather than in the usual types of superannuation funds such as industry funds.  Often that is done on the advice of their accountant or financial advisor, either for asset protection purposes, or because it is considered that the type of investments they … Read more

How to Avoid Unnecessary Death Duties

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Your Testamentary Trust Will and Surcharge Duty and Tax The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”) was assented to on 24 June 2020. The Act has implications for the trustees of Testamentary Trust Wills. The Act provides that if a Trustee of a Discretionary Trust (including testamentary trusts) is taken to be a … Read more

Estranged adult son’s claim for provision from father’s $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.

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The client was the Executor of her father’s Estate (“the Client“). Under the terms of her father’s Will, she was appointed as the Trustee of a testamentary trust that conferred upon her a discretionary power to control and distribute an Estate valued at approximately $3.5 – $4 million. Of particular value was a number of … Read more

Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

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The client was the Executor of his mother’s Estate (“the Client“). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will“). At the time that the Will was made, the Client’s mother (“the Deceased“) intended that her Estate would go to the Client and his … Read more

Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.

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The client was the de facto partner of the Deceased (“the Client“). She sought a Family Provision Order on the basis that she had not been provided for in any way in the will of the Deceased. The Deceased died unexpectedly as a result of an accident, and left a Will in which he appointed … Read more

Estate Planning & COVID-19: Have your parents got you covered?

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COVID-19 is already affecting Small Businesses and Employees in many industries and is also a major risk for the elderly. What will happen if you lose your parents to the Coronavirus at a time when you are facing bankruptcy or financial hardship? Your parents’ Will could protect your inheritance from creditors, banks and even Bankruptcy. … Read more

Former Spouses & Family Feuds: What happens when you die without a Will.

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These days everyone seems to be affected by family breakdown in some way or another. With families becoming increasingly complex everyone should have a Will – even the young and invincible! Have you ever considered in whose hands your hard-earned wealth will end up if you die without a Will? In New South Wales the … Read more