Wills & Estates

Death benefits in Superannuation Funds

  • June 12, 2013

On the death of a loved one their estate is distributed in accordance with either their last will or according to the intestacy laws, as applicable.  An application can then be made to the Supreme Court by eligible persons who seek orders altering the will or distribution pursuant to the intestacy laws.  With regards to…

Family Loans and Gifts – Using a Will to Equalise benefits.

  • June 12, 2013

Family Loans and Gifts – Using the Will to Equalise the Benefits Many parents of adult children often discover that although the children may have left the nest, the umbilical cord or supply lines sometimes remain firmly attached. Some families adopt great discipline in this area, ensuring that any advance made to assist one child…

What’s in a word?

  • April 27, 2012

In the Italian language the word “perché” translates to mean both “why” and “because” in English.  In Greek the word “love” translates out into four separate terms to cover a broad span of emotions ranging from “irresistible dedication” down to “just above like”.  And for the Chinese the battle rages on between linguists as to…

What is an Advanced Health Directive?

  • April 5, 2012

As the name suggests an Advanced Health Directive is a document which contains instructions about the specific health treatments that the document maker wishes to have performed or withheld in the event that that person requires medical treatment but is not able to communicate his or her specific wishes at that time. Under a standard…

Wills and the rules of construction – Gifts of Property

  • April 2, 2012

As is often the case with poorly drafted wills, the Court is left to make an order as to the intention of the testator in circumstances where the testator is no longer able to give evidence. As a result, the Court has over the years developed various rules that are used in the construction of…