EP FAQ Part 2: Wills
In Part 2 of our EP FAQ series, we address some frequently asked questions we get asked about the best-known estate planning documents of them all – Wills! What is a Will? Your Will is a legal document with instructions for who you want to inherit your estate, care for your children and be the […]
EP FAQ Part 1: What is Estate Planning and what do you need to consider?
Welcome to our EP FAQ series, where we’ve gathered up some of our most frequently asked questions (and answers!) about estate planning. This series is perfect for anybody thinking about completing their estate planning documents for the first time or individuals who would like a easy to read refresher on some estate planning concepts. Ready? […]
’Equity Loans’, a loan with upside
More than ever, young people are relying on the ‘bank of Mum and Dad’ to get a leg-up. Whether it’s to break into the property market or utilise some initial capital to get their new business off the ground, we are seeing more and more of our clients give (and receive!) loans from their parents.
A question we get asked often by the ‘lender’ in this scenario is whether it is possible for a loan to be advanced without the lender receiving periodic interest repayments, and instead get a share of the ‘upside’ (gain) when the financed asset is sold.
Solution Brief: Why you need an enduring attorney for your SMSF
The trustee of your SMSF is all-powerful. The trustee decides how much money you can put in the fund, who else can join, how your money is invested, how much gets paid out to you and when, and finally who gets what’s left over when you die. This is why you are required by law […]
Solution Brief: Super Death Benefit Nominations
This information sheet discusses why you need to think about what happens to your super when you die People have more and more of their wealth tied up in super. People are also keeping money in super for longer during retirement – taking a super ‘pension’ rather than in lump sums because it is better […]
Solution Brief: Making a Binding Death Benefit Nomination
This information sheet will help you execute a Binding Death Benefit Nomination (BDBN). A BDBN enables you to direct how you want your superannuation dealt with when you pass away. This is a general guide on certain legal aspects and is not a replacement for specific legal or financial advice relevant to your circumstances. Why […]
Solution Brief: Super and your estate planning
It’s official: super isn’t part of your estate. A Federal Court Decision highlights the risk of failing to consider one of your biggest assets – your super – as part of your estate plan. The Federal Court Decision in Stock (as Executor of the Will of Mandie, Deceased) v N.M. Superannuation Proprietary Limited [2015] FCA […]
Solution Brief: Company Powers of Attorney
How can a company execute a document if some or all of the directors and/or secretary are not available? There are many occasions where it is not possible for a director, directors, or a company secretary to be available to make decisions or execute documents to which the company is to be bound. Executing Documents […]
Solution Brief: ADLV Law Acting as your General/Enduring Attorney
Sometimes it’s not convenient (or possible) to carry out legal transactions or make financial decisions for yourself. For example, if you are interstate or overseas, it may not be convenient for you to sign legal documents or complete a legal transaction. If you lose your mental capacity, for example if you suffer a brain injury […]
Solution Brief: How effective is your Enduring Power of Attorney?
Most people understand the importance of making an Enduring Power of Attorney. If you are not able to make financial decisions for yourself, your Enduring Attorney can step into your shoes and keep things in order on your behalf. However, not all Enduring Powers of Attorney are created equal. In fact most standard documents are […]