What do I need to know about setting up a Public (or Private) Ancillary Fund?
An ‘Ancillary Fund’ is a special type of trust that can be used to collect and distribute donations for charitable purposes. The Fund can be set up through a trust deed while you are alive, or through your Will. Importantly, the Fund does not undertake charitable work itself, but can be used as a collection point to pool donations and then distribute them to charities and causes, as decided by the trustees.
I want to set up a charity to raise money for people overseas. Where do I start?
If you want to do charitable work or raise funds to help people living overseas, you should carefully consider your options to make sure your aid is targeted to where it’s most needed.
“Show me the money!”: Tread carefully with loans to children
People are more aware – and wary – than ever of family law issues in relation to their assets. More and more couples seek binding financial agreements to protect their assets, or put off living together or marrying to minimise their financial exposure.
‘UPEs’ and ‘FMDs’, and your estate planning
What is, and what is not, in your personal estate? This may sound like a academic question not worthy of a lot of thought. However, if you are in estate planning mode, it is critical that you answer this question correctly.
I’m setting up a not-for-profit organisation. What’s the best structure to use?
We are commonly asked what’s the best structure to use when setting up a new charity or other ‘not-for-profit’ (NFP) organisation. While incorporated associations and public companies limited by guarantee are often suitable, they are not the only options, and there is no easy ‘one size fits all’ answer.
Can your partner change their Will after you die?
Just because you and your partner make ‘mirror Wills’ does not mean that your partner cannot change their Will (either before or after you die). Furthermore, your partner does not have an obligation to inform you if they do change their Will. Find out how to deal with these issues.
Is your executor automatically appointed as your replacement trustee/director for your SMSF?
The short answer is, no. There is no law or regulation that has that effect. It may be that the terms of your super fund deed provide for this to occur. However, most super fund deeds that we have come across do not. See Ioppolo v Conti WASC 389 and Wooster v Morris VSC 594. […]
It’s official. Super isn’t part of your estate.
Your super doesn’t form part of your estate, and is not subject to the terms of your Will. It’s therefore critical to have in place appropriate arrangements to make sure your super ends up where you intend.
Digital assets after death: The Wild West
The digital realm is truly the ‘Wild West’ when it comes to management and realisation after death.
Preparing for your ‘digital afterlife’: our 5-step approach
What would happen if you lost mental capacity or died? While your physical life may be well provided for, chances are your digital life and digital wealth is seriously at risk.