Death and taxes – risk of personal liability for executors

Background A legal personal representative (LPR) is the person responsible for attending to all tasks required to administer the estate of a deceased person. An LPR has a wide range of duties and must take care to comply with the terms of the will (if applicable) and the relevant legislation when [...]

2019-09-26T11:30:18+00:00September 26th, 2019|

Granny flats – a lifestyle alternative for the elderly

Introduction Whilst most people express the desire to remain in their own home for as long as they can, for many, moving to some sort of alternative accommodation in later years becomes necessary. This could be the consequence of physical or mental frailty or just the desire for social company that, [...]

2019-09-26T11:08:51+00:00September 26th, 2019|

Generous attorneys: the limits on attorneys benefiting themselves

Generous attorneys: the limits on attorneys benefitting themselves Introduction Section 32 of the Powers of Attorney Act 1998 (Act) provides that an attorney is able to do anything that the principal could lawfully do by attorney (if the adult had capacity for that matter). This means the starting point for considering what powers [...]

2019-03-21T09:25:49+00:00March 21st, 2019|

Re Marsella: the exercise of discretion by a trustee in paying benefits from an SMSF

Re Marsella: Marsella -v- Wareham (No 2) [2019] VSC 65 On the death of a member of a self-managed super fund (SMSF), that deceased member has a death benefit which needs to be paid. When there is no binding nomination in place, the trustee of the SMSF generally (read the deed…) has discretion [...]

2019-03-21T09:20:06+00:00March 21st, 2019|

Help! My husband wants the house but I want to leave it for my children – what are my options?

  Humans are the most complex animal and we regularly make our family structures and lives more complex than ordinary simple estate planning can cater for properly. I am referring to blended families. Not only do interpersonal relationships between the people in the family become more nuanced, but financial structures and testamentary intentions [...]

2019-02-06T09:03:06+00:00February 3rd, 2019|

Be wary of saying ‘this will all be yours one day’

An ‘equitable estoppel argument’ is a legal term covering a promise made by one family member to another about ultimate inheritance of a family business or rural property. This is a growing area of the law, with many more cases coming before senior state courts in recent years. One case in particular, Browne v Browne, [...]

2018-12-02T13:04:20+00:00November 22nd, 2018|