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,...
Excluded from a step-parent’s Will? What step-children should know in South Australia
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...
Being a director of a family farm: it’s more than a title
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...
Can I sell property of a deceased estate before probate is granted?
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.
Building your business’s legal backbone: The key legal documents that will keep your business standing strong
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.
Letting a family member move in? Why the difference between a lease and a licence matters
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...
Trust Distributions Summary – (Trust Distributions Guide Booklet Chapter 6)
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...
Risk Management and Common Traps – (Trust Distributions Guide Chapter 5)
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...
Timing, Authority and Validity of Distributions – (Trust Distributions Guide Booklet Chapter 4)
Below is Chapter 4 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...
Making Effective Distributions – (Trust Distributions Guide Booklet Chapter 3)
Below is Chapter 3 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 4: Timing, Authority and...
Defining and Determining Trust Law Income – (Trust Distributions Guide Booklet: Chapter 2)
Below is Chapter 2 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 3: Making Effective Distributions Chapter 4: Timing, Authority and Validity of...
Understanding the Nature of Trusts – (Trust Distributions Guide Booklet Chapter 1)
Below is Chapter 1 of our ‘Trust Distributions Guide’ booklet. To read the other chapters of our booklet, click the links below: Chapter 2: Defining and Determining Trust Law Income Chapter 3: Making Effective Distributions Chapter 4: Timing, Authority and Validity of...
Advising Under an EPOA: Know Your Duties and Risks
As a professional adviser, you may have been instructed to manage personal wealth matters for clients in a way that benefits not only your client but also their families. Your client, like Mary, may have routinely provided regular financial support to their family – adult children, grandchildren, spouses, or even elderly parents. This support can be informal but deeply entrenched, often continuing for years.
But what happens when your client loses capacity, and their Enduring Power of Attorney (EPOA) takes effect?
Unlawful Termination – What Employers Need to Know
The recent case brought by reporter Antoinette Lattouf against the ABC highlights the risk to employers of mishandling dismissals, especially where protected attributes, such as political opinion, are in play. These days, employers are expected to be more than just...
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