Articles | Genders and Partners

Super Asset Protection

In addition to providing for retirement, funds properly accumulated in a regulated superannuation fund have risk management benefits if financial adversity occurs and the person needs the protection of bankruptcy.

A common stress for older people who need to become bankrupt is that they will not have time to recover from the financial adversity they have experienced.

The good news is that funds held in a regulated superannuation fund are protected and are not available to the bankruptcy estate.

Details

Separation, Divorce and Superannuation

Did you know that your ex may be able to claim half your superannuation, even if you aren’t married?

Although moving in with your significant other can be exciting, under certain circumstances, this could spell disaster for your superannuation.

Moving in together is an exciting time for people in relationships. Likely the last thing on your mind is what might happen in the event of a break-up.

Details

Paying Superannuation Death Benefits

A superannuation death benefit is a payment made by a super fund to a dependent beneficiary or to the trustee of a deceased estate after the member has died.

The trustee of the super fund should make this payment as soon as possible after the member’s death.

The form of the benefit payment, and who it is paid to, will depend on the governing rules of your fund and the relevant requirements of the Superannuation Industry (Supervision) Regulations 1994 (SISR).

Details

What happens to your Super when you die – part 2

Your super isn’t automatically included in your Will, unless you’ve given certain instructions to your super fund first.

Deciding who gets your super when you die isn’t as simple as having a Will.

That’s because Wills typically only cover assets you own personally, such as houses, cars, investments, jewellery and other personal items, whereas super is held in a trust for you by the trustee of your superfund.

Details

What happens to your Super when you die – part 1

If you die before all your super is withdrawn, your super fund typically pays a death benefit to your dependents, other nominated beneficiaries or your estate.

Death benefits include the balance of your super account plus an insurance benefit if you have been paying life insurance premiums from within your fund.

You need to nominate who you want to receive your death benefits when you die.

Details

Dividing Business Assets Following Divorce

The life of a business owner involves long work hours, travel and utilising all resources (time, energy, money etc) to grow their business.

It is no wonder that the combination of these factors can cause a strain on relationships and in some cases, results in separation.

Separation is never easy, but it can be even more difficult for business owners.

This is because business owners have the added uncertainty of having their jobs (and often livelihoods) tied up in a business that is considered an asset of the relationship.

Details

Naming a Child-Guardian in a Will

You may already know that marriage automatically revokes all prior Wills (with a few special exceptions) in every state and territory in Australia.

But did you know that divorce does not necessarily have the same effect? Depending on where you live, your ex-spouse might still be entitled to inherit under your Will.

Further, your powers-of-attorney and advance directives are not affected by divorce at all.

Details

What To Do When Someone Dies With Debts

How to handle the common issue of debts that have not been resolved before a person dies.

An Executor is the person who is appointed under a Will, to administer the estate of a person who has died (the Deceased).

In the Probate process, the Court confirms that a specific piece of paper is the Last Will of the Deceased and appoints the person named in the Will to be the Executor.

Details

Why Does Probate Take So Long

Recent research from the UK confirms what many of us have known for some time: The estates administration process in Australia and the UK is paper-heavy, slow and inefficient and is causing stress, frustration, and even mental health issues for those involved.

In a recent annual Bereavement Index 2021, looking at the legal and financial responsibilities that come with administering deceased estates, UK research has discovered that 88 per cent of legal professionals think the probate process is too slow and inefficient.

Details

Huge rise in Bank of Mum and Dad loans – Be Careful!

In 2021 Australia, experts are reporting that more than 60 per cent of first home buyers are relying on their parents to help buy their properties, with the average contribution rising to a record $93,000 – an increase of about 26 per cent in the past 12 months.

The Bank of Mum and Dad (aka BOMAD – a colloquial expression to describe parental lending) is estimated to have outstanding loans of about $35 billion, which makes it the nation’s ninth-largest mortgage lender – bigger than AMP, Citigroup and HSBC Australia, according to analysis by an independent market analyst.

Details