Property Gifted in Will Sold Prior to Death

Every so often a Will maker leaves a specific gift in their Will and at the time of death it is no longer owned by the Will maker. This specific gift fails for “ademption”. What is ademption? Ademption occurs when property (...

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When can an executor be passed over or removed?

There may be circumstances, where the executor's capacity and or their ability to administer the estate is in question. This may occur prior to an application being made for Probate of the Will or after Probate has been granted. ...

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The Dangers of Homemade Wills

Whether it's convenience or costs, people still continue to prepare their own wills. It might be buying a will kit or typing their own will at home, whatever method that is used there are risks in homemade wills. In Martin as E...

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High Court Ruling on SMSF Death Benefits

The recent High Court decision of Hill v Zuda Pty Ltd has provided clarity on whether self-managed super fund (SMSFs) can make binding death benefit nominations (BDBNs) last longer than 3 years. The High Court considered whethe...

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What happens to my digital assets when I die?

Due to the Covid-19 pandemic, many of us have spent a large amount of time at home which meant our online usage increased. Most of us have accounts with Facebook, Twitter, or Instagram, we likely have subscriptions to streaming se...

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The risks of writing your own Will

The coronavirus pandemic has thrown our lives into a state of uncertainty and during this time many people are considering whether they should make a Will or they are reflecting on their existing Wills to see whether it clearly se...

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