The attorneys at Ferguson Cannon bring you their new blog, Australian Estate Law Today. The blog, authored by Byron Cannon, concentrates on estate law, planning, and litigation in Australia.
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I read with interest a recent article in the Australian Newspaper in relation to a Victorian Supreme Court decision where a stepdaughter was awarded a large payment by the Court for a claim made against her stepfather’s estate. The claim was made against the estate of the late Harold...
I am receiving increasing interest and enquiry from clients about abuse, or perceived abuse, of an Enduring Power of Attorney. Often I am approached by one family member who is concerned about the conduct of another family member who has been appointed as an Attorney for their parents who...
I often get queried by clients as to what amounts to a “de facto spouse” in the context of claims being made against an Estate. It is very important to understand that the definition of a de facto relationship in the context of succession law is different to family law. A “de...
I recently spoke at an educational seminar run by the Institute of Public Accountants. An interesting discussion evolved about estate planning for blended families and what controls can be implemented to ensure that a Willmaker’s wishes are carried out. Blended Families Blended families...
A question that will undoubtedly be asked more and more frequently in the preparation of estate planning documents is what will happen to the online identity of a person when they die. As our online presence becomes more and more aligned with how we define ourselves, Will makers are beginning...
I was recently involved in a dispute regarding the payment of a Deceased member’s death benefit from a superannuation fund. It highlighted to me the importance of considering your Superannuation when undertaking your Estate Planning, and the consequences of not properly considering your...
IS AN ELECTRONIC WILL A WILL? I recently read an interesting case from the Supreme Court of Queensland called Mahlo v Hehir. In that case the Deceased had typed on her home computer a document in the form of a Will, two weeks prior to her death. The Will appointed her brother as Executor and...
I recently was invited to speak at the Business and Estate Planning Specialists annual conference in Cairns. One issue raised, was whether there was any way to limit exposure to Capital Gains Tax for the reduction of debt in a business, from the payment of Key Person Capital, or Debt...
I recently had a meeting with Trevor Benson from Infocus Money Management. Trevor asked me a question on behalf of a client of his about making a claim against an estate of a recently deceased relative. It led to a discussion on the general principles applied by the Courts when a...
The last thing anybody wants is to leave valuable possessions to particular people only to have somebody else go to court to stake a claim on the estate. When you create a will you hope that it will stand the test of time and give effect to your wishes. In Australia, people who consider themselves...