Going through a separation or divorce can be a challenging and emotional time. Amidst the turmoil, it's easy to overlook important legal matters, such as updating your will and incapacity documents. However, failing to update your will and incapacity documents after a separation ...
Testamentary trusts are one of the most powerful estate planning tools available. The phrases ‘testamentary trust’, ‘testamentary discretionary trust’, TT, TDT…. are all just ‘lawyer speak’ for a trust set up in a will that starts when the willmaker dies. They are ...
It is important to understand the effect a relationship change has on your Will. Whether you are married or in a de-facto relationship, divorced or separated, your Will should reflect your current circumstances. The effect of Marriage and Divorce on your Will It is important...
You should regularly review your Will every three to five years to ensure that it accords with your wishes. You should particularly consider updating your Will when there is a significant event in your life or the life of your loved ones, including: property acquisition a...
These are unprecedented and uncertain times. The importance of having a comprehensive and up to date estate plan cannot be stressed enough, particularly in the current climate.
Unsure where to start? Rayners Lawyers have developed the below checklist to help ...
Who should you appoint to be the executor of your estate?
An executor is the person responsible for carrying out various tasks on behalf of a deceased person’s estate. Their responsibilities include: 1. Arranging for the proper disposal of the deceased’s body
2. No...
In most cases, a verified immediate family member can request for your social media accounts to be removed. But what if you want someone to have access to your emails or your extensive photo collections? Do you want your Facebook account to be taken down? Or do you want it left a...
Download our Focus Magazine feature interview with Kirsty Rayner...
You should regularly review your will every five years to ensure that it still accords with your wishes. You should consider updating your will when there is a significant event in your life or the life of your loved ones, including:
• Property acquisition and disposal...
"Why should I pay a solicitor to do my Will when I can do it myself for $30?"
That's a very good question. You can certainly pick up a DIY Will online or at your local Post Office or Newsagency for a fraction of the cost of having a solicitor prepare a Will on your...
Do you know what happens if you die without a Will?
Your assets are distributed pursuant to the Laws of Intestacy, as detailed in the following table: Where there is a spouse and no children: The spouse is entitled to the whole estate. Where there is ...
Download our Focus Magazine feature article all about testamentary iscretionary trusts...
What can you do to minimise the tax payable on your superannuation entitlements upon your death?
If you die with super assets, then your estate will potentially have to pay superannuation death benefits taxes. It all depends on whether you have made a valid binding death n...
1. The will-maker appoints an executor who has passed away or is unable or unwilling to act and there is no substitute executor provided;
2. The Will being incorrectly signed and witnessed;
3. Failing gifts (i.e. the will-maker specifically gifts his gold Se...
Did you know that there are 7 categories of people who can attack a deceased person’s Will. These people can even launch an attack where the deceased person did not leave a Will. So who are these people? (a) The deceased’s spouse at the time of death;
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