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…
Can I lock in my child support payments?
- January 31, 2024
Can I lock in my child support payments? It’s possible for parents to organise and maintain private agreements in relation to child support obligations and for this money to be paid either directly to the supplier (such as a school) or to the other parent’s nominated bank account. However, for parents wanting these arrangements to…
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…
Falsely Accused of Domestic Violence
- October 30, 2023
Worried you will be falsely accused of committing Domestic Violence? Here’s how to protect yourself Whilst there is an unfortunately increasing number of Domestic Violence allegations being reported in our community, there are instances where a person may attempt to weaponise a false or exaggerated report in order to exercise power, influence and control over…
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…
What’s in a name?
- June 10, 2022
Earlier this year, a Court in Italy ruled that children will automatically have the last names of both parents unless they agree otherwise. It remains to be seen how this will affect circumstances where one parent is absent or perhaps a perpetrator of severe domestic violence, though it would seem likely that future laws will…
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…
Can you smack your Kids?
- November 15, 2021
Under the Queensland Criminal Code the act of physically striking a person is an assault and is punishable by fines and even imprisonment of up to seven (7) years in extreme cases. Section 280 of the Code however, permits a parent or their proxy to use reasonable force in administrating correction or discipline of a…
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…