Wills, Estates & Trusts

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Wills, Estates & Trusts

Articles, case notes and commentary from the Mullane & Lindsay team.

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No one left to give to?

In the event that you have outlived your family and friends, and there is no one that you want to leave your estate to, you may decide to leave your…
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Who Gets the RAD?

When an aged person goes into care it is usually necessary to pay a Residential Accommodation Deposit (RAD).  For most aged care providers the RAD is in excess of $400,000.00. …
Wills, Estates & Trusts
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Homemade Wills

Some people find it tempting to save the cost of having a Will prepared by a solicitor by making their own Will.  Will forms can usually be purchased from the…
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When is Probate Required?

Death Duty was abolished in NSW over 40 years ago as was Federal Estate Duty.  However, in many estates it is still necessary to apply for probate.  If a person…
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Online Wills - the new age Will Kit

Online Wills are the new age Will Kits (Part 1) Recently there have been many online Will platforms emerging. Online Wills or “e-Wills” are the new age Will Kits. The…
Wills, Estates & Trusts
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Online Wills - the new age Will Kit

Following on from our earlier article, for a Will to be validly executed, s6 of the Succession Act 2006 (NSW) provides that a Will is not valid unless:- it is…
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New Year’s Resolution #1: Review your estate plan

It’s nearly that time of the year again for you to make New Year’s Resolutions. This coming 2023, why not make one that will benefit you and your loved ones…
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Death Certificates- is the information correct?

A death certificate is an official document evidencing the death of a loved one, issued by Birth, Deaths and Marriages.  It is an important document so you must take time…
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Can my stepchild make a claim on my estate?

Blended families are becoming increasingly common in Australia, making up approximately 3.5% of Australian families in 2021. When making a Will, we often times see clients whose natural reaction is…
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Binding Death Benefit Nominations …. Get it Right

A High Court decision in Hill v Zuda Pty Ltd as Trustee for The Holly Superannuation Fund given on 15 June 2022 clarified the position in relation to Binding Death…
Wills, Estates & Trusts
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Forcing the Sale of a Partnership Property

Often when two friends or business partners purchase property for investment or possibly for business premises, they hold that property as tenants in common (in equal shares or otherwise) as…
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Asset tests for a home owning pensioner

When a pensioner is a homeowner, the asset test for the Aged Care Pension may take into account the value of their home as an asset. However, there are some…
Wills, Estates & Trusts
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The Family Farm and Caveats

The Family Farm is a business that is hoped will be passed down through generations. When the time comes to pass on the family farming business there can be conflict,…
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Caring for an Elderly parent

We are seeing more children caring for their elderly parent(s) in the home of the elderly parent(s). There are several aged care fees that may be relevant in these circumstances.…
Wills, Estates & Trusts
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Frailty and Invalid Wills

Has your signature changed?  Are you finding it hard to sign documents?  Nowadays many documents can be signed electronically.   However, a valid Will must be signed by the will-maker. In…

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