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Wills-Powers of Attorney

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.

Losing capacity – don’t leave it too late

Losing capacity – don’t leave it too late

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.

Who gets your super when you die?

Who gets your super when you die?

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 – what’s probate?

Dealing with a deceased estate – what’s probate?

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!

Changes to Enduring Power of Attorney laws

Changes to Enduring Power of Attorney laws

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

Am I in a de facto relationship?

Am I in a de facto relationship?

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?

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.

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.