The recent NSW Supreme Court case of Neal v Brown [2024] NSWSC 841 highlights the adverse and unforeseen consequences of withdrawing superannuation death benefits before one’s death.

This case emphasis the necessity of not only considering tax implications when withdrawing superannuation benefits before death but also how such withdrawals interact with the terms of a will. Proper estate planning is essential to ensure that the distribution of assets aligns with the deceased’s wishes.

Take advantage of your tax return this new financial year by investing in your estate planning, and ensure that your hard-earned assets are distributed according to your wishes, with the help of our Wills and Estates team.

A binding death benefit nomination (BDBN) is a direction from a member of a superannuation fund to the trustee of the superannuation fund on how that person’s superannuation entitlements are to be paid or transferred on their death. In the absence of a BDBN, the trustee is not compelled to distribute the superannuation proceeds in accordance with the member’s wishes.

Farmland is often the single most valuable asset for a farming family. The farm provides a base from which to operate the farming business and the capital value of the farmland typically increases in value over the long term.

Not so long ago, the possessions that people left to their estate after passing away were physical and tangible like cars, cash or jewellery. These days however people produce a significant digital footprint consisting of accounts, profiles, and digital assets. New assets and investments such as cryptocurrencies, NFTs, loyalty program accounts and social media accounts are all changing the succession planning process. Existing tools like Wills and trusts remain effective to deal with these digital assets.

The separation from a spouse (married or de-facto) is a critical time to review your Will, Enduring Power of Attorney and Appointment of Medical Treatment Decision Maker.

A will is a legal document that primarily deals with the distribution of your assets upon your death. It names the persons who are authorised to administer your estate (your executors) and sets out who receives your assets and in what proportions (your beneficiaries).

The State Revenue Legislation Further Amendment Bill 2019 was introduced to NSW Legislative Assembly on Tuesday 22 October 2019.

On 12 March 2018 the Medical Treatment Planning and Decisions Act 2016 commenced in Victoria.

Do you own a unit in Noosa, a villa in Tuscany, or a ski-lodge in Japan, or hanker for such luxuries?
It is increasingly common for people to own assets in other states or other countries. This can create complications for their wills and estates.

We are well and truly on the countdown to Christmas and the end of year. Holidays are just around the corner and many people will be travelling overseas for their holidays.

You never know if or when you might lose capacity, that is, lose the ability to manage your affairs. For example, you could be in a serious accident, you could suffer a stroke, or you could develop dementia. You might lose capacity temporarily or permanently.

For many people, their super is one of their most significant assets. But many people do not understand what happens to their super benefits (called death benefits) when they die.

Dealing with a deceased estate is a very difficult time. The grief felt from losing a loved one is often unbearable and just when you think things can’t get much worse, there’s all the legal stuff to deal with!

Some welcome amendments have recently been made to the laws regulating enduring powers of attorney. They improve the operation of enduring powers of attorney.

With the increase in unmarried couples living together and the decline in marriage as a means of formalising long term relationships, de facto law has become a hot topic. So are you in a de facto relationship or not?

Owning property is a big deal. Owning property with another person(s) is an even bigger deal. It is quite common for people who are married or in long term relationships, friends, siblings, or parents and children to pool their savings together to purchase property.

The Full Court of the Tasmanian Supreme Court has decided that a solicitor who failed to warn his client about a potential claim against his estate and what steps might be taken to undermine the claim is negligent. 

On 1 September 2015, new powers of attorney came into effect in Victoria.

In the following article we outline some of the changes that now apply.

On 1 September 2015, the Powers of Attorney Act 2014 (The Act) introduced new civil and criminal penalties for misuse of an enduring power of attorney. The penalties include a fine of up to $91,000 or up to five years imprisonment.