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Deceased Estates – What Happens When Executors Don’t Agree
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and...
Common misconceptions about estate planning
An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article we look...
7 Top Questions about Family Provision Claims in NSW
When someone passes away, questions about inheritance naturally arise. In cases where someone has not been adequately provided for following the death of a loved one, Family Provision Claims exist to help make the situation fairer. This article discusses some of the...
Does my handwritten note qualify as a valid will?
Did you know that a handwritten note could constitute a valid will? As an informal document, this would not be automatically recognized, and you would need to seek court approval for it. However, the courts are willing to give effect to your testamentary intentions,...
Do you Need a Lawyer for a Will?
Legally, you do not need a lawyer to make a Will. Online resources offer “free” or cheap Wills, and websites sell Do-It-Yourself Will kits that can be downloaded or delivered, which are typically inexpensive. However, while making a Will is possible without a lawyer,...
The importance of estate planning before capacity becomes an issue
We should all plan for our future. Certainly, we should all have a current will, and many of us would also benefit from making formal arrangements to account for the possibility of being unable to make our own decisions. We are often asked by clients how to apply for...
First Home Buyer Assistance (NSW)
Buyers in New South Wales (NSW) often struggle to purchase their first homes, hardly surprising given that the average property price in the state is now over a million dollars. To help first home buyers into the property market, the NSW Government has offered various...
Transferring Property Between Family Members – Key Considerations
Transferring property between family members is a common practice, often driven by a desire to facilitate inheritance, support loved ones, or streamline estate planning. While the intention behind such transfers is usually rooted in familial bonds, navigating the...
What are Letters of Administration NSW?
When someone dies without a Will they are said to die ‘intestate’ and the law determines who will inherit the deceased person’s estate. Usually, an application for letters of administration in New South Wales will be made with the Supreme Court before the estate can...
Stamp Duty: Transferring an Investment Property into an SMSF Without Paying Stamp Duty
Individuals often invest in property as part of their retirement planning, and pay stamp duty at the time of purchase. Subsequently, they establish an SMSF and wish to transfer the property from their personal names to their SMSF for tax reasons. This can be done in...