Superannuation and Your Estate

Estate piggy bank with superannuation written on the side.

For most, superannuation is one of their largest assets. A person’s superannuation account usually comprises of their member (employment/sacrificed) contributions and policy benefits (such as death benefits). However, what most people do not realise is that death benefits and superannuation accounts may not form part of a deceased’s estate. Therefore, that money may not be…

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Claiming Against a Deceased Estate

Claiming against a deceased's estate couple.

Under the Australian legal system, people are free to decide how they wish to distribute their assets upon their death. Such decisions should always be confirmed within a Will. Where a person has not made a Will during their lifetime then, upon their death, the distribution of their assets will be determined by the laws…

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How To Contest a Grant of Probate?

Contesting a grant of probate in the Supreme Court of WA.

I do not believe the Will is valid. How may I stop Probate? In probate proceedings, you may be able to file a caveat on probate, administration or resealing at the Supreme Court of Western Australia (the “Court”). Once a caveat on probate, administration or resealing is successfully filed, the caveat will prevent an intending…

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Notarial Services: When To Engage a Notary Public

Notarial services signing a Power of Attorney document.

A notary public, also known as a public notary or simply, a notary, is often a practising solicitor appointed by a State or Territory Supreme Court and given statutory powers. Their role is to perform a wide range of administrative functions, including preparing, witnessing, administering, certifying or notarising originals and copies of legal documents for…

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5 Important Points Every Partnership Agreement Should Cover

Two businessmen signing partnership agreement and shaking hands.

Businesses today face many internal and external challenges; some real, some manufactured, and others simply perceived. Solving them requires both planning and action. All decisions, whether passive or active, involve a degree of risk – from those that relate to how a business will be run on a day-to-day basis right through to those that…

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Making Arrangements for the Sale of a Business

Sale of a business.

Selling a business of any size or structure is a complex and time-intensive process that should be well documented to ensure the interests of both the seller and buyer are protected. A Sale of Business Agreement or Business Sale Agreement is central to establishing the terms of sale for the mutual benefit of the parties…

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The Ins and Outs of Discretionary Trusts

Advantages and disadvantages of discretionary trusts.

A trust is a legal relationship in which a person or corporate entity (the trustee) holds assets on behalf of and for the benefit of one or more third parties (the beneficiaries). The trustee is the owner of the trust property — not the beneficial owner — and can be a person, legal, or corporate…

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