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.
How does divorce or separation affect your Will in South Australia?
Unlike divorce, marriage separation does not have an effect on your Will. For this reason, the period of separation that occurs prior to divorce is possibly one of the most important times to ensure your Will reflects your changed circumstances.
What is a Testamentary Trust and why would I need one?
When you give an outright gift to someone under your Will, the beneficiary receives the gift from your executor, with no strings attached. The beneficiary can do what they like with it. If you impose any rules on the gift, then you have effectively created a ‘testamentary trust’, and things get a little more complicated.
Who gets the farm?
Do you have the right to determine who inherits your farm? The short answer is ‘not necessarily’, but there are things you can do to increase the chances of your wishes being upheld.
Why you must keep your estate planning up-to-date
We are often asked how much damage outdated estate planning documents can do. The answer is clear: a lot.
Who will make decisions about your health and welfare when you can’t? (Advance Care Directives, SA)
Who will make decisions about your health and welfare when you can’t? (South Australia)
How effective is your Enduring Power of Attorney? You may be surprised…
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.