Pet Trusts in Australian Estate Planning
Include Pets in Your Estate Plan
Most of us consider our pets part of the family. But sometimes we don’t think about including them in plans for what happens when we die or can no longer look after ourselves.
Rod Genders is a senior Australian lawyer specialising in Wills and Estate Planning, Probate and Estate Administration, Trusts and Guardianship and Inheritance Claims and Contested Estates in South Australia. His boutique specialist law firm, which was founded on 1848, is one of the oldest and most respected in Australia. Rod is an international author and speaker. Rod is the 3rd generation of Genders in the law and has been practising specialised law since the mid 80’s. He has acted as counsel or consultant to in excess of 50 other firms around Australia. Rod holds the SA state record for the highest ever personal injury award of damages, and has been involved in several of the largest personal injury claims in Australian legal history. For over 10 years he served on the Council of the Law Society of South Australia and is a senior member of its Succession Law Committee. Rod was a founding committee member of the South Australian branch of the London-based Society of Trusts and Estate Practitioners (STEP) for 8 years and was the founding Chair of the international STEP Digital Assets Special Interest Group. For over 25 years Rod has chaired a private committee enquiring into the affairs of protected persons. He is a member of the Law Council of Australia, and a member of its Succession and Elder Law Committee.
Why single people should plan their estate
In our law practice, we talk a lot about estate planning for families.
It’s the most common application for our services—parents want to be able to protect the money they’ve saved and the assets they’ve accrued for their children, and provide an easy way for their assets to be passed down to their children when they die.
However a person who is single with no children—or, for that matter, a childless person whose spouse has passed away—may need estate planning services even more.
Trust has to be earned
When I was a kid, I saw how people naturally gravitated to my mum and dad when they needed help.
Extended family and close friends turned to them when they were in trouble, and I used to wonder what it was that made my folks the ‘go-to’ people in that situation.
My mum was great at comforting people. She just had this way about her that put people at their ease. She welcomed them and – somehow – embraced them emotionally.
Rebellious Rant about Wills
I’ve taken a hammering this week from people misplacing their anger about Wills and estates, and I’m sick of it. RANT ON:
I’ve just hung up the phone from an otherwise sweet lady, whose 100 year-old aunt had recently died without a Will.
I had to explain to her about the process of applying for Letters of Administration (differing from Probate), and which relatives have priority to do so, and how much the fees and expenses would be.
How Do I Find a Good Wills and Estates Lawyer?
Finding a good lawyer is no easy task. Even if you know a good lawyer, they might not specialise in the area of law you require.
Whatever type of legal issue you find yourself confronting, finding the right lawyer is crucial for the outcome of the matter.
The first step in finding a lawyer is determining what type of issue you have. The category of lawyer that you are seeking, specialises in ‘Wills & Estates’.
At the end of 2020, will you look back proudly and say ‘I did that’ ?
New Year’s resolutions are an ancient tradition, stretching back millennia. Over 4,000 years ago the Babylonians were the first people to make New Year’s resolutions.
Every year at this time, millions of people make resolutions promising improvements in their lives.
Alcohol will be forsworn, exercise embraced, hobbies sought, healthy eating vowed. It makes sense to respond to the indulgences of Christmas with this sort of healthy catharsis.
We need to talk about dying and death
South Australia wants more people to talk about it.
Medical breakthroughs and public health improvements have greatly increased life expectancy.
Other medical and technical developments have enabled many people to remain active for longer, giving them a better quality of life, as well as a longer life.
The flipside of this is the ballooning cast of care, accomodation and medications for the over 70’s.
End of Life Decisions
As we get older, we need to have in place some important legal documents to protect ourselves, our family and our assets. If you wait too long, it could be too late.
On March 31, 2005, American woman Terry Schiavo passed away, after a 15 year legal battle over her fate. During this time, her case became an international lightning rod for the discussion over end-of-life issues.
In brief, Terry had collapsed in her home on February 25, 1990. When the ambulance arrived, she was not breathing and had no pulse.
How to care for your beloved pets after you’re gone
Animals who outlive their owners face uncertain fates.
Sometimes a family member or friend cares for your pet, but most go to a shelter, are euthanised, or simply let out the front door.
Of these, very few are adopted. Create a trust and leave enough funds in your Will to help ensure a safe future for your animals.
Funeral Musings
The traditional funeral is becoming less common in Australia and the UK, with only 10% of people now wanting a religious funeral.
One in three prefer to hold a “family-only” life-celebration party rather than a large funeral. Another third do not want any ceremony at all and, for those who do, the use of pallbearers to carry coffins has dropped by 80%.
These statistics are based on a survey of funeral directors from over 500,000 funerals in the last five years and the views of 4,000 adults.