FAQs matching Planning Your Estate

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When can the court dispense the requirements for execution, alteration or revocation of a will?

Practice Areas: Wills

Using the Succession Act 2006 (NSW) as our example, the court may dispense with the formal requirements for the execution, alteration or revocation...

Is there a moral duty requirement in relation to family provision?

Practice Areas: Wills, Estate Planning, Administration of Estates

When analysing the concept of moral duty in regards to family provision, the initial test which first addressed the concept was set by the Privy Council...

Can I make a gift for maintenance of my pet?

Practice Areas: Wills, Administration of Estates

The position in Australia is that for the most part, a beneficiary must be a person in order for the courts to decree performance. Furthermore, in order...

Can anyone make a power of attorney?

Practice Areas: Wills, Powers of Attorney, Enduring Power of Attorney

In order for a power of attorney to be valid, there must be a few general requirements that need to be met for the document to be validly executed:the...

What are the grounds for challenging a will?

Practice Areas: Wills

When a will is open to the grant of probate, a person wanting to contest the will may question the validity of the will on some of the following grounds:...

Are charitable trusts exempt from income tax?

Practice Areas: Equity & Trusts

Provided that the Div 50 of the Income Tax Assessment Act 1997 (Cth) conditions are met, charitable trusts will be exempt from income tax. In...

What is a living will?

Practice Areas: Wills

The term ‘living will’ is somewhat misleading in that it is not a document related to how a person’s assets are to be dispersed upon...

What is undue influence?

Practice Areas: Equity & Trusts

For the most part, undue influence may be more applicable to the impaired judgment of the weaker party as opposed to the conduct of the stronger party....

Can a superannuation benefit be paid into an estate?

Practice Areas: Superannuation & Elder Law, Estate Planning, Administration of Estates

There may be an obligation for the superannuation death benefit to be paid into an estate via a trust deed, or a binding death benefit nomination. Furthermore,...

How is the estate distributed if there is no spouse?

Practice Areas: Wills, Estate Planning

If the deceased had no spouse, the order in which the estate may be distributed can be as follows: children, parents, brothers or sisters, grandparents,...

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