what you need to know about advance care directives in south australia

What you need to know about Advance Care Directives in South Australia

Trusts & Guardianship, Wills and Estate Planning
What you need to know about Advance Care Directives in South Australia

When you can’t make important decisions for yourself regarding accommodation, lifestyle, health or medical treatment, an Advance Care Directive is the shining beacon that guides your family and doctors in the right direction.

The Components of an Advance Care Directive

An Advance Care Directive (ACD) is a legally-binding document that directs how you would like to be treated if you cannot express your wishes, and is made up of three parts:

is inheritance tax coming to australia

Is Inheritance Tax coming to Australia?

Asset Protection, Wills and Estate Planning
is inheritance tax coming to australia

The last time Australia had a federal Labor Government, they commissioned a review of Australia’s tax system, and an inheritance tax was one of the key recommendations.

On 15 October 2009 the most senior tax-policy advisor to the Australian Federal Government, Dr Ken Henry (Chair – Australia’s Future Tax System Review Panel and Secretary to the Treasury) gave an Address to the Committee for Economic Development of Australia.

In that address he identified 6 areas of future opportunities and challenges governments will need to address in respect to taxation. At the very top of his list was: “the ageing of the population, posing challenges for the financing of retirement incomes and of increasing health and aged care needs”.

Becoming an Elder

Becoming an Elder

Trusts & Guardianship, Wills and Estate Planning
Becoming an Elder

Turning 50 used to mean that it was time to begin thinking about retiring. That is not the case anymore. Now 50 is just middle-aged, with another quarter-century of busy productive life ahead.

To paraphrase Kermit the frog – “It’s not easy being wise”. I thought turning 50 would mean that things slowed down, calmed down and got easier. Instead, the pace of life seems to be quickening.

Turning 50 is a good time to start thinking about what you’ve learned so far, and reflecting on maybe becoming a “modern elder” and sharing some stories and wisdom with people who are finding their own paths a bit too challenging today.

Estate planning for progressive illness

Estate planning for progressive illness

Trusts & Guardianship, Wills and Estate Planning
Estate planning for progressive illness

Estate planning is not solely about preparing a Will, and with progressive illnesses you need to think about estate planning as planning for the future stages of your disease as it progresses.

The life planning portion of estate planning can be very different for a person with a progressive illness than a person without.

Parkinson’s, Alzheimer’s, Muscular Dystrophy, Multiple Sclerosis, Macular Degeneration: there are dozens of illnesses that are progressive and (so far) incurable. They require special care from an estate planning perspective.

Strange but true recent Wills and estates news

Strange but true – recent wills and estates news

Trusts & Guardianship, Wills and Estate Planning
Strange but true recent Wills and estates news

Here’s a quick roundup of some interesting news items from the world of Wills and estates.

Hoist on his own petard? Father who denied paternity is excluded from dead child’s estate

A UK Court has decided that the substantial estate of a mentally disabled child who died without a Will should be distributed to his mother and his foster family.

The court excluded the child’s biological father from inheriting a share because he had denied paternity and played no part in the child’s life.

Challenges to a Will or Estate in South Australia

Challenges to a Will or Estate in South Australia

Inheritance Claims & Contested Estates, Wills, Wills and Estate Planning
Challenges to a Will or Estate in South Australia

“You never know anybody until you’ve shared an inheritance with them”

Challenges to Wills are far less common than challenges to estates. A Will can be contested or challenged when it is alleged that :

The Will was executed under undue influence from others;

The Will was executed when the testator lacked capacity to understand what he/she was doing. This is increasingly common due to the rise of dementia in our ageing population;

poor mans will podcast by rod genders

The Poor Man’s Will Dangers of Joint Ownership in Estate Planning

Trusts & Guardianship, Wills and Estate Planning
The Poor Mans Will Dangers of Joint Ownership in Estate Planning

Joint accounts with other people are a common method for ageing persons seeking help with money management, but this can cause problems.

What is Joint Tenancy

Joint Tenancy is used often by couples as a means of owning shared assets. There are some good reasons to do this, but there are also some drawbacks.

Joint accounts are often referred to as a “poor man’s Will” because they allow an individual to give assets to another upon death without going through the probate process. Some people have the perception from hearing horror stories that probate will consume the entire estate.

Why You Need a Will and What it Does

Why You Need a Will and What it Does

Wills and Estate Planning
Why You Need a Will and What it Does

Your ‘Will’ is a legal document that tells the world what you want to happen to your estate after you’re gone.

Your ‘estate’ is everything you own or control. It can include real estate, bank accounts, investments, shares, insurances, superannuation, vehicles, personal possessions and all manner of other assets.

It can also include intangible assets like goodwill, royalties, intellectual property and various legal rights.

World Alzheimer's Month | Genders and Partners

World Alzheimer’s Month

Trusts & Guardianship, Wills and Estate Planning
World Alzheimer's Month | Genders and Partners

Next week marks the beginning of World Alzheimer’s Month and Dementia Awareness Month. Without a medical breakthrough, the number of people with dementia in Australia is expected to increase to 536,164 by 2025 and to 1,100,890 by 2056.

World Alzheimer’s Day is on 21 September. Here at Genders and Partners, we will be honouring our clients and their caregivers who are battling Alzheimer’s and Dementia by posting on social media in order to spread awareness and start conversations about how to make life easier for those battling through these devastating diseases.