15 May 2019

When creditor’s statutory demands are defective – lessons to be learned



A creditor’s statutory demand is a mechanism created in the Corporations Act 2001 (“the Act”) for a creditor to serve notice on a company where they have reason to believe the company may be or is insolvent. To be insolvent simply means the company is unable to pay its debts as and when they aredue […]

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1 May 2019

What actually happens to your Super when you die?



There is a lot of myth and strange rumour out there about what happens to your Superannuation when you die. What I am going to do in this piece is to try and dispel those myths and rumours so you can understand exactly how it works, because only then can you properly plan for it. […]

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29 April 2019

Billionaire Aldi family bun fight



Another day, another billionaire family fighting over a fortune and a bitter Will dividing them. It’s reported widely that Cacilie Albrecht, recently deceased 92 year old matriarch of on half of the enormous Aldi Shopping Market fortune – estimated net worth more than $55 billion – has left a Will that makes some pretty scathing […]

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13 March 2019

Commercial dispute looming? How to avoid Trump size legal costs



There is no love lost between Donald Trump and his former lawyer Michael Cohen. Their dirty laundry has been aired very publicly indeed – and now so too are the legal costs of being involved in this sort of super heavyweight scrap. This article making front page news is a touch vague, but I have […]

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5 March 2019

Cut the financial cord with your family, or not?



Have you or haven’t you cut the financial cord with your family? This is the question asked in this illuminating piece in the New York Times today  This article points out some remarkable pathways that open up based on the level of dependence of an adult child. In estate planning we see this routinely.  More […]

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11 February 2019

Testamentary capacity – a recent case and what you need to know



As estate planning lawyers, we see clients at all stages of their lives, from starting a family or their first business, to planning their retirement. As is the nature of our work, we often have clients who are very advanced in age who want to change how a previous Will divides their assets. With all […]

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6 February 2019

Family loans – not to be taken lightly



In today’s landscape, it is becoming more and more common for loans to be given between family members. It may be that parents want to assist their children in buying their first home (when banks are increasingly strict on their lending behaviour, especially in the light of the recent Royal Commission recommendations), children are purchasing […]

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14 January 2019

Deceased estates and the family home – what you need to know on the tax front



Benjamin Franklin famously wrote that “nothing can be said to be certain, except death and taxes”. This always has been (and always will be) true, and unfortunately, the two are not mutually exclusive. There are strict tax rules that apply when a deceased person’s family home is disposed of which you should be aware of, […]

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14 January 2019

The tribal psychology of Will contests



I spend quite a bit of my working day in a very contentious environment. I may be acting for one side of a family who are defending a Will against an attack by another family member, or I may be on the attacking side, trying for one or more aggrieved family members to fix a […]

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29 November 2018

More dangers of DIY legals



Being around your loved ones as we approach the festive season, many people start to consider their Will and estate planning – the legacy that they will leave behind and how their loved ones will be provided for after they are gone. It can be tempting to make an informal Will or make changes to […]

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