FAQs matching Estate Planning

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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 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,...

How are trustees appointed?

Practice Areas: Estate Planning, Administration of Estates

The main ways in which a trustee can be appointed are through the express terms of a trust instrument, statute or by court appointment. Trust instrument:...

What are spouses entitled to if a person has died without a will?

Practice Areas: Wills, Estate Planning

In the event that the person who is deceased has a spouse but no children, the spouse may be entitled to the whole estate of the deceased.If the deceased...

How should I review, revisit, and revise the family business structure if I pass away?

Practice Areas: Estate Planning

It’s a common occurrence to have family members form a business together; therefore, it’s important that such enterprises should also consider...

What are the general elements of creating a valid will?

Practice Areas: Wills, Estate Planning

The requirements for creating a valid will are for the most part, similar across all jurisdictions in Australia, and the following general elements must...

What is a testamentary guardian?

Practice Areas: Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Powers of Attorney

A testamentary guardian is a person who is responsible for taking care of the child’s daily and long term needs if there is no surviving parent,...

What factors are considered in determining whether an adequate provision has been made?

Practice Areas: Equity & Trusts, Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates, Inheritance Disputes

Depending on the jurisdiction, a number of factors will be considered in determining whether adequate provisions have been made from the estate. However...

Can a trustee be removed due to unsatisfactory performance?

Practice Areas: Financial Disputes, Equity & Trusts, Estate Planning, Succession Planning

In circumstances where a beneficiary is dissatisfied with the performance of a trustee, the beneficiary can petition the court for the removal of a trustee...

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