Posts by Ben Thomson

In most cases, when a person passes away, their superannuation member account benefits will be paid to their beneficiaries as per the superannuation fund’s rules. However, the way in which superannuation member account benefits interact with wills and estates can depend on a few factors. One important factor to consider is whether you have a…

When preparing an enduring power of guardianship, there are several important factors to consider: Choosing the right person: The person or persons you choose to act as your enduring guardian should be people you trust and who have your best interests at heart. Remember that these are the people who will make important health and medical…

When preparing an enduring power of attorney, you need to consider several important factors to ensure that your wishes are accurately reflected and that your assets and estate are protected. Here are some key considerations: Choose a trustworthy attorney: Your enduring attorney will have the power to make important decisions on your behalf regarding your…

A special disability testamentary trust (SDTT) is a type of trust created in a will for the benefit of a person with a disability. The purpose of an SDTT is to provide financial support and protection for the disabled person after the death of the person creating the trust in their Will (the testator). The…

An executor and trustee are responsible for managing the estate of a deceased person (known as the administration of an estate). The specific duties of an executor and trustee can vary depending on the estate, but some common tasks include: Obtaining the Will: The executor and trustee will require the original Will upon the death…

It is important to seek legal advice when preparing a Will to ensure that it is valid and legally binding. Consideration also needs to be given to your wider estate plan and any tax implications that may be in play. When preparing for your appointment, there are several important things that you need to consider:…

Everyone knows of someone who has been involved in a turbulent estate for one reason or another. Yet roughly one half of Australians do not have a valid Will. Dying without a Will is known as dying intestate, and it only causes complications. If you die intestate your estate will be determined by the laws…

When someone passes away in most cases an application must be made to the Supreme Court (“Court”) so that the deceased’s property can be dealt with appropriately.   What is Probate? Probate is the process of applying to the Court to validate and prove a deceased person’s Will whereby you present to the Court the…

Enduring Power of Attorney (EPA) Everybody owns some form of asset whether it is real estate, a bank account, a motor vehicle, shareholdings, etc. So, what would happen to your assets if: You are outside of Australia, on holiday or business for example, and an issue related to your financial affairs arises? You suddenly lose…