Digital assets such as cryptocurrency and online accounts are easily lost after death without planning. Here’s what families and family businesses need to know about probate in the digital age.
It is not unusual for companies, particularly newer, capital-constrained ones, to accept loans from, or make repayments to directors (or their associates). This might be for working capital, bridging shortfalls, or to enable new business initiatives. However,...
Appointing two executors might sound like a sensible way to share responsibility, indeed, it is something we often recommend, but what if those executors can’t agree, or worse, one refuses to act? The Supreme Court of New South Wales case Wise v Barry; The Estate of...
If you are creating a testamentary or discretionary trust, you want to know it will operate smoothly long after you are gone. But what happens if the trustee you appoint loses the capacity to make decisions? Without the right safeguards, the trust you designed to...
Two strategic tools, the ‘bucket company’ and the ‘banker company’. Both strategies offer high-net-worth families a way to cap tax exposure, preserve capital, and support long-term intergenerational planning.
Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.
Family trusts are one of the most common structures used by Australian families to hold investments, run businesses, and protect wealth. They are flexible, tax-effective, and - when managed carefully - provide a mechanism for long-term succession planning. Therefore,...
When a parent dies and leaves everything to their spouse, many children choose not to contest the Will. Out of respect for their parent’s wishes, the grief involved, and the complexities of family life, they allow their step-parent to inherit everything. But years...
In Australian farming communities, family means everything. It's not unusual to see surnames etched into gates, signposts, and silos, each a tribute to generations of hard work. But behind the name on the gate, the way a business is legally structured can make or...
You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!” But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do.
Starting and running a business successfully requires more than just a great idea and a solid business plan; it also requires a strong legal foundation. Without key legal documents in place, even the most promising business can face unnecessary risks, disputes, or even shutdowns.
You're not running a boarding house; you're simply letting your adult child, elderly parent, or cousin down on their luck live in a property you own. It feels awkward to ask them to sign anything. “We’ll just sort it out as we go”, you think. But then the questions...
Below is Chapter 6 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 2: Defining and Determining Trust Law Income Chapter 3: Making Effective...
Below is Chapter 5 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 1: Understanding the Nature of Trusts Chapter 2: Defining and Determining Trust Law Income Chapter 3: Making Effective...
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