Main residence CGT exemption and deceased estates: Why occupation rights matter 

by Bailey Selth | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

It is common for Wills to include arrangements that allow a family member to remain living in the family home for a period after the will-maker’s death.  In circumstances where the home continues to be occupied as a residence prior to sale by the estate, the main...

What to do if you suspect misuse of an enduring power of attorney  

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

​​Suspecting that someone is misusing an enduring power of attorney can be very distressing, particularly when it involves a family member. Knowing the warning signs of elder financial abuse and understanding what legal options are available can make all the...

Executors beware: you can be personally liable for the deceased’s debts 

by ADLV Law Team | 9 - Deal with a deceased estate (Administration)

Being asked to act as an executor is usually taken as an honour. It is also one of the hardest jobs anyone can accept: you are being asked to grieve for someone and administer their affairs at the same time. What most people do not realise when they accept the role is...

The clock is ticking: why your estate plan could be undermined by forgotten loans 

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

If you’ve loaned money to a child, a family trust, or to entities within your personal investment or business structure, you might assume those debts will be honoured, or at least recognised, when you pass away. However, unless steps are taken to formally record...

Worried about legal costs for challenging a Will? A guide for claimants in South Australia

by ADLV Law Team | 9 - Deal with a deceased estate (Administration)

If you’ve been left out of a Will or believe the provision made for you is inadequate, you may be wondering whether you can apply for a greater share of the estate.  You may also be worried about what it could cost you to make a claim.  Under South Australia’s...

Rising probate costs: how court fees and legal costs impact estates 

by ADLV Law Team | 9 - Deal with a deceased estate (Administration)

Probate filing fees now reach over $17,500 in some states, with rising legal costs adding pressure on executors. Here’s what families and family businesses need to know.   The cost of probate is rising  When someone passes away, dealing with their estate involves...