In 2023 South Australian law regarding Wills and estates is about to undergo a massive change.
For a long time, people have complained that it is too easy for gold-diggers to challenge a Will – especially adult children who are not deserving.
Think: estranged adult child who never visited or supported their old mum in any way, only turning up to claim a share of mum’s estate after she died.
Mr B granted power of attorney to his daughter M.
B had significant medical issues and was highly vulnerable.
When B lost his capacity, and needed to move into a nursing home, M sold her father’s home under power of attorney.
However she did not use the money to pay the upfront capital cost of a Refundable Accommodation Bond.
Here we go again. Because our posts Weird Probate Issues and More Weird Probate Issues are so popular, we have decided to keep going with the series … can you believe we are up to Part 10!
The Wills of famous celebrities can teach us some valuable lessons about what NOT to do. It is common for the rich and famous to have estate plans, but celebrities make mistakes too and sometimes they can be costly.
When you are putting your affairs in order, put some time aside to make an Information Portfolio.
What is an Information Portfolio? It is a pouch, folder or binder where you keep important documentation and information about yourself, your family and your assets.
It is important to have one in case of an emergency, so you and the people you care about can find important information immediately
The term “social media” can be used to describe the content that makes up your social media presence ranging from images, photos, posts, blogs, comments, interaction, and any user-generated content with which you are associated (ie tagged).
When you die, your profile on platforms such as Instagram, Facebook, Twitter, and other social media sites remains part of your digital legacy, and often becomes a place where people go to memorialise their loved ones.
When it comes to securing your digital assets, we recommend that you follow our best practices to ensure that you and yours are better protected against potential brute force attacks.
We routinely recommend that everybody uses a Password Manager like LastPass to help secure your online and electronic files and accounts.
LastPass is the password manager we recommend. * disclosure – this is an affiliate link, which means that if you decide to purchase a LastPass subscription you’ll get the best price available.
Executors of deceased estates are often confused about whether and when to lodge tax returns on behalf of the deceased person and their estate.
Ask yourself: if these were your own personal financial affairs would you have an obligation to lodge an income tax return?
The Deceased (and their representative) has fundamentally the same requirements to lodge a return as any individual taxpayer.
A cautionary tale.
The ground suddenly shifted beneath my feet. My brother was calling from the hospital emergency room. Our mother had fallen. She’s in pain, and the doctor says the x-ray shows a fracture. The doctor wants to talk to me.
“Your mother,” the doctor tells me, “has broken the top of the thigh bone that joins the hip.”
Several times each year my phone rings and someone asks me how they can locate and view the Will of someone close to them.
The circumstances of these requests vary, but can be broken down into two main groups: Someone has recently died, and their relative wants to know if they are a beneficiary; or an elderly person is becoming forgetful and their relative is concerned that they have been coerced into changing their Will, and want to satisfy their curiosity.
Baby Boomers are retiring in record numbers, and seniors need to know how to best plan for both themselves and their loved ones.
There are definitely some sure-fire approaches to take – as well as some serious pitfalls to avoid.
1. Put Your Affairs In Order
The first step to putting your affairs in order is to take specialist advice: a lawyer who specialises in estate planning; a financial planner who specialises in retirement planning’ an accountant who specialises in tax planning.