Making Wills with Conditional Gifts
- April 24, 2024
IT’S THE THOUGHT THAT COUNTS: MAKING WILLS WITH CONDITIONAL GIFTS A person making a Will can distribute their estate to anyone they wish and, generally, on whatever terms they deem appropriate. However, a challenge arises when a testator intends to require a beneficiary to do or not do a particular thing before they can receive…
Making a Will Without Capacity
- November 28, 2023
Making a Will Without Capacity – Queensland’s Statutory Will Scheme Testamentary capacity refers to the mental state required to execute a valid Will, and extends to understanding the nature and effect of the document, being aware of the property that forms part of the estate, understanding potential claims against the estate, and being free of…
Super Death Benefit
- September 27, 2023
Super Death Benefit In 1991, the Federal Government introduced a guarantee that all Australians would have a fund to use for their retirement and introduced Superannuation. Since then, it is a major asset for most Australians and is often a large component of your total assets you hold when you pass away. It is a…
Voluntary Assisted Dying
- August 30, 2023
Could the Voluntary Assisted Dying Act affect my inheritance? The Voluntary Assisted Dying Act 2021 (Qld) (‘VAD Act’) provides strict criteria for accessing voluntary assisted dying (‘VAD’), and has raised complex legal, ethical, and moral questions regarding end-of-life decisions. The new laws make a particular distinction that VAD is not assisted suicide where the required…
Elder Abuse by an Attorney
- February 22, 2022
A person appointed under an Enduring Power of Attorney (EPOA) to act as an Attorney for the benefit of another (usually called the Principal) is obviously placed into a position of supreme authority and trust. In situations where an Attorney begins abusing their powers to the detriment of the Principal, concerned family and friends who…
THE 15% TAX TRAP ON SUPERANNUATION DISTRIBUTIONS (Why you might need a “Conflict of Interest” clause in your EPOA)
- May 12, 2021
After death, any money that the deceased was still holding in their Superannuation Fund must be distributed out. According to the usual Superannuation rules, the payment of this money is made in line with written instructions* and is typically directed to the deceased’s surviving spouse and/or family members. Under tax laws however, these payments will…
Sharing Family Finances with an Enduring Power of Attorney in place?
- May 12, 2021
Sharing financial assistance within family networks such as interest free loans, lump sum gifts and even contributing to the cost of the construction of a granny flat for personal occupancy occur all the time. Usually, these arrangements go on between Parents and their adult children but can also be between adult siblings and/or spouses. Commonly,…
How does Covid-19 impact on legal services and the law
- May 9, 2020
How does Covid-19 impact on legal services and the law Although undoubtedly, the present restrictions on human contact and movement are having an unpresented impact upon Australia’s economic prosperity and these same factors are undoubtedly impacting also on many people from a mental health perspective. For the most part, none of these restrictions should effect…
Executors Questions Answered
- August 8, 2019
On the 7th of August Zande Law ran a seminar on ‘Executors Questions Answered’. A big thank you to all of our guests. Judging from feedback, all information was well received. Watch out for upcoming seminars!
Health Check For Your Enduring Power Of Attorney
- May 23, 2019
HEALTH CHECK FOR YOUR ENDURING POWER OF ATTORNEY Medically speaking, we all know that a regular health check-up with your Doctor (even when we are not sick) can detect and cure health problems before they become unmanageable. In many ways, the same practice should be followed with legal documents such as Enduring Powers of Attorney…