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Justin Hartnett

The “sting-in-tail” of overseas luxuries

The “sting-in-tail” of overseas luxuries

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.

Deceased Estates – Commonly Asked Questions

Deceased Estates – Commonly Asked Questions

A deceased person’s ‘estate’ includes assets such as property, bank accounts and investments. The deceased person may also have liabilities including a mortgage, credit cards or other loans that need to be repaid.

Co-ownership of real estate (property)

Co-ownership of real estate (property)

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.

NEW RETIREMENT VILLAGE LEGISLATIVE CHANGES

NEW RETIREMENT VILLAGE LEGISLATIVE CHANGES

There have been some recent legislative changes governing the operation of retirement villages.

The Retirement Villages (Records and Notices) Regulations 2015 take effect from 12 December 2015 and revoke the previous sets of regulations.

Tougher penalties for abuse of Enduring Power of Attorney

Tougher penalties for abuse of Enduring Power of Attorney

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.

New powers of attorney

New powers of attorney

From 1 September 2015, new powers of attorneys will come into effect in Victoria.

Facebook Introduces 'Legacy Contacts'

Facebook Introduces 'Legacy Contacts'

Congratulations to Facebook for introducing a system to allow some management of a person’s Facebook account after the person’s death.

Should a murderer be allowed to be a beneficiary?

Should a murderer be allowed to be a beneficiary?

In Victoria the law prevents a person who has unlawfully killed another person from benefiting under the deceased person’s will.  This is called the Forfeiture Rule.  An exception applies where the killer is found not guilty by reason of mental impairment.

New legislation changing the way wills can be contested

New legislation changing the way wills can be contested

The Victorian government passed the Justice Legislation Amendment Act on 16 October, just before the deadline was crossed before it moved into caretaker mode.

The Act includes significant amendments to the laws governing the contesting of wills, that is, claims by those who consider that a will has not properly provided for them.

Enduring Powers of Attorney

Enduring Powers of Attorney

When people talk about their estate plan the first thing that usually comes to mind is their will. Most of us are pretty good at making plans for what happens if we die but more often than not we fail to plan for the possibility of losing capacity.

The Battle For Superannuation without a will

The Battle For Superannuation without a will

The fiduciary duty owed by an administrator of an estate, and the need to leave a will, were graphically illustrated in a recent Queensland Supreme Court case (McIntosh v McIntosh (2014) QSC99).

Planning for potential future incapacity

Planning for potential future incapacity

It is important for people of all ages to plan for potential future incapacity. Incapacity can arise from illness or injury and can be temporary or permanent. If you lose capacity, your family will not have the ability to make financial, medical and lifestyle decisions on your behalf