Why You Should Consider Getting a Will Drafted by a Solicitor
While will-kits may seem like an easy and affordable option, they often fall short when it comes to ensuring your wishes are followed after you pass away. Ambiguous language, improper execution, and failure to address complex estate matters can create significant delays and disputes during probate.
A solicitor specialising in succession law provides tailored advice, drafts a legally sound will, and ensures it complies with strict legal requirements. They can also incorporate important provisions, such as testamentary trusts and guardianship arrangements, to safeguard your estate and your loved ones’ interests.
The pathway to avoiding probate, here’s What You Need to Know…
Avoiding probate in Victoria can save time, money, and ensure smoother asset distribution for your loved ones. Strategies such as joint ownership, trusts, and nominated beneficiary accounts are effective options. Joint ownership allows assets to pass directly to the surviving owner, while trusts provide privacy and control over distributions. Nominated beneficiary accounts ensure specific assets, like superannuation, bypass the probate process entirely. However, each approach has limitations, such as tax implications, legal complexities, or potential disputes. By consulting an estate planning professional, you can craft a tailored plan to protect your assets and reduce the impact of probate.
Can I Exclude Someone From My Will?
In Victoria, while you generally have the right to distribute your estate as you see fit, excluding a family member from your will can lead to legal complications. Under the Administration and Probate Act 1958 (Vic), certain individuals, like spouses, children, and financial dependents, can make a family provision claim if they believe they haven’t been adequately provided for. To minimise the risk of a claim, you can document your reasons for exclusion in a Letter of Wishes, provide a small bequest, or create a testamentary trust.
Challenging a Will: Do You Have a Valid Claim?
Contesting a will in Victoria can be a complex process, but understanding the valid grounds is essential before taking action. Common reasons for challenging a will include lack of testamentary capacity, undue influence, improper execution, and family provision claims. Successful challenges often depend on providing clear evidence that the will does not reflect the true wishes of the deceased or that proper legal procedures were not followed. Whether you're questioning the mental capacity of the testator or feeling inadequately provided for, it's crucial to seek legal advice to determine the strength of your case under Victorian law.
Can a Person with Alzheimer's or Dementia Still Make a Valid Will?
A person with Alzheimer’s or dementia can still create a valid will if they have the necessary testamentary capacity at the time. This capacity depends on their ability to understand the nature of the will, the extent of their assets, and recognise potential beneficiaries. Since mental capacity can vary, especially in the early stages, a will made during a clear period can be valid. To ensure the will’s validity, it’s crucial to involve a solicitor, obtain a medical assessment, and document the process, which helps protect the will from potential legal challenges.
The Application of Survivorship and Its Impact on the Probate Process
In estate planning, survivorship plays a critical role, most importantly, it can streamline the probate process for jointly owned property. When property is held in joint tenancy, the right of survivorship allows for the seamless transfer of ownership to the surviving tenant upon one owner's death, bypassing probate entirely. This can save time, reduce administrative burdens, and provide immediate access to the property for the surviving owner, simplifying estate management.
The Impact of a Blended Family on Estate Planning in Australia
Estate planning in blended families poses unique challenges. Ensuring fair asset distribution requires careful planning and clear communication. This blog post looks at some of the key considerations to ensuring appropriate steps are taken to reflect your current relationships and control your asset distribution. It also addresses how you can mitigate potential family provision disputes by ensuring fair distribution and documenting decisions within the estate planning process.
When is legal advice for an Aged Care Agreement required?
Navigating aged care agreements is pivotal for families transitioning loved ones. These contracts outline services, costs, and rights, ensuring clarity and preventing disputes. Legal advice aids in understanding complexities, negotiating terms, and safeguarding loved ones' well-being and rights during this critical transition.
What can (and cannot) be gifted in a will?
Estate planning involves careful consideration of what assets can and can't be gifted in a Last Will and Testament under Australian law. Real estate, personal property, financial assets, business interests, and even digital assets can typically be gifted. However, assets held in joint tenancy, superannuation, certain trust assets, illegal acquisitions, assets with specific designations, and some family provision claims have limitations. Seeking professional legal advice ensures that testamentary intentions align with legal requirements, allowing individuals to create comprehensive estate plans that protect assets and honor their wishes posthumously. Understanding these guidelines empowers testators to navigate estate planning complexities effectively.
Why everyday Australians can benefit from a testamentary trust.
In Australia, testamentary trusts are a cornerstone of effective estate planning, offering a multitude of benefits to individuals seeking to safeguard their assets and provide for their loved ones. With the ability to shield assets from creditors, minimise tax liabilities, and tailor distributions to meet specific needs, testamentary trusts provide a flexible and robust framework for managing wealth across generations. By incorporating a testamentary trust into your will, you can ensure that your legacy endures, empowering your family members with financial security and stability long after you're gone. Discover how testamentary trusts can help you maximise your legacy and protect what matters most to you.
Do you include Cryptocurrency in Your Australian Will?
Can you gift cryptocurrency in your Australian will? The answer lies in the legal intricacies surrounding digital assets. While traditional assets like property and cash are easily transferred through wills, cryptocurrencies present unique challenges due to their intangible nature and complex ownership structures. Australian law is evolving to accommodate this digital revolution, but clarity on inheritance of cryptocurrencies remains murky. Factors such as private keys, security measures, and regulatory frameworks complicate matters. Seeking professional legal advice is crucial to navigate this uncharted territory and ensure your digital assets are distributed according to your wishes, highlighting the importance of updating estate planning strategies in the digital age.
How can I care for special needs dependants after I pass away?
Ensuring the well-being of loved ones is a fundamental aspect of estate planning. In our latest blog post, discover why drafting a will that specifically addresses the unique needs of dependents with special needs is crucial. Explore the impact of thoughtful planning, legal considerations, and how this proactive approach can provide a secure future for your loved ones. Don't leave their care to chance – empower your legacy with compassionate and comprehensive estate planning.
Can I leave my property to a loved one if it has a mortgage?
In Australian estate planning, property inheritance poses intricate challenges, especially amidst mortgage entanglements. Transferring real estate through a will, entwined with a mortgage, demands nuanced legal handling. This blog post discusses the complexities facing Beneficiaries and Executors when dealing with real estate subject to a mortgage, as well as the duties of Executors and steps Beneficiaries should take to protect themselves from inheriting the accompanying mortgage responsibilities.
Why do I need a Company Power of Attorney?
In the fast-paced world of business, the unexpected can happen at any moment. That’s why a Company Power of Attorney is more that just a legal document - its your company’s safety net. In this blog post, I delve into why every business, regardless of its size, should have a Company Power of Attorney in place. Discover how the simple but powerful tool can protect your business’s interests and ensure its resilience in times of uncertainty.
Do I need Guardianship for my children?
Planning for the future isn’t just about finances; it’s about the well-being of your loved ones. When it comes to children, having a guardianship clause in your will is more than a legal necessity, it’s a heartfelt commitment. In this blog post, I explore the critical importance of including guardianship provisions in your will, ensuring that your children are cared for by trusted individuals if the unforeseen ever occurs.
Choosing an Executor
Choosing the right executor is necessary to ensure the administration of your estate is efficient and accurate. This blog includes some key factors to consider when deciding who to appoint as the executor of your will.
Does Your Debt Die With You?
Many people assume, and rightfully so, that your debts automatically die with you, unfortunately this is… Wrong!
Can I Leave My Super Benefits In My Will?
Many people assume, and understandably so, that your superannuation can simply be assigned to a beneficiary in your will….. Wrong!