Giving notice under a trust deed
The NSW Supreme Court gave a useful judgement some years ago about how wrong a notice given under a trust deed can be, yet still have effect.
Publications
Publications
Publications
Family Provision – a new threat to farming succession?
Historically, there has been an acceptance by farming families that a farming child or children should inherit the “lion’s share” of a rural estate, even if only modest assets went to non-farming children. There is a sense of unease amongst many farming families that non-farming children are prepared to challenge the rights of their farming siblings to fully inherit.
Estate planning for blended families
Blended families create special problems. Children of past marriages need to be considered and their interests protected, without it impacting on the needs of a current spouse or partner. The changing demographic of families in this modern age means the problems surrounding blended families are now more acute than ever.
Business succession planning
Most clients look very closely at their personal estate planning, but often overlook considering what we term “business succession planning”. What’s changed? It is important to plan for the time when they are no longer involved.
Choice of Executor – A matter of trust
One of the most important decisions for a will maker is who is to act as an executor of their will. The executor must be someone who can be trusted to carry out the wishes and represent the best interests of the will maker.
Claiming upon an estate: what are the time limits?
There are certain persons eligible to make a claim upon the estate of a deceased person for provision (or additional provision) from the estate. The application is called a “family provision claim”.
Dangers for members of self managed super funds
Those who hold their super in a self-managed fund need to take particular care in making arrangements for the distribution of benefits on their death.
Dealing with digital assets upon death
Advances in information technology over the past decade have meant that most of us have an online presence and, on our death, will leave behind “digital assets”. Like other personal assets, digital assets should be considered as part of our estate planning.
Dealing with incapacity in business
Unfortunately, many of us or our clients will suffer from a loss of capacity at some stage in our lives.
Whilst a loss of capacity can have a significant impact on our personal lives, it can also have a detrimental impact for those of us that act in the role of company director or secretary.
Diamonds may be, but… Trusts are not forever
Any well run business will almost certainly have done a “SWOT” analysis, identifying potential future problems and planning in advance how to deal with them.