A Testamentary Trust is essentially a trust that comes into effect upon the death of the testator (will-maker) and can be a useful estate planning arrangement in situations where extra flexibility is needed when the estate is disbursed to beneficiaries, such as circumstances where the beneficiaries are employed in high risk occupations (where their personal...
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SHOULD I HAVE AN ENDURING POWER OF ATTORNEY?
While we have reiterated the importance of having a current Will in many previous articles, (click here to read more), the importance of having a current Enduring Power of Attorney is just as important as having your Will in place. While a Will provides instructions for your executors in relation to the distribution of your...
PARENTING ORDERS
Our family lawyers have been fielding a lot of questions in the past several weeks from worried parents regarding their children and parenting orders, so we thought it would be prudent to provide a brief update on the current guidelines surrounding the care of children and the operation of parenting court orders during this time....
PREVENTING TERMINATION OF THE CONTRACT – MINIMISING THE RISKS
If you are selling your property and have managed to get a buyer to sign a contract to purchase, then you will want to do everything you can to minimise the risk of termination of the contract and to make sure that the sale goes through. There are various situations which can arise during the...
STATUTORY DEMAND – WHAT IS IT AND HOW CAN IT AFFECT MY BUSINESS?
In the same way that an individual can become bankrupt for failing to pay money when due, a company can be brought to a commercial end by being wound up for failing to pay its debts so it is vitally important if you run a company that you are aware of what a statutory demand...
A FINANCE APPROVAL LETTER MEANS MY FINANCE IS APPROVED….DOESN’T IT?
If you are considering buying a house or have entered into a contract to buy a house, it is likely that you have included a finance clause to ensure that you can come up with the funds required for the purchase (i.e. getting a finance approval) (if not – please contact one of our property...
WHAT IS SPOUSAL MAINTENANCE?
Where parties separate and one party to the marriage/de facto relationship is unable to adequately support themselves, then the other party may be required to pay spousal maintenance. A person has a responsibility, under the provisions of the Family Law Act to assist their former spouse or partner financially in circumstances where that person’s income...
BFA’s – HOW DO I PROTECT MY ASSETS FROM MY PARTNER? DO I NEED A BINDING FINANCIAL AGREEMENT?
A BFA or Binding Financial Agreements, commonly referred to as “pre-nuptial agreements” or “pre-nups” are becoming increasingly popular globally as couples look to put in place safeguards and individual asset protection strategies to protect their financial position as they enter into a new relationship. BFA’s are no longer reserved solely for celebrities and multi-millionaires looking...
POTENTIAL EMPLOYEE – WHAT CAN EMPLOYERS LEGALLY ASK IN AN INTERVIEW?
This article has been written for employers and small businesses regarding hiring new staff, the legalities and the interview process with the potential employee. Taking on a new team member can be a daunting task for those running their own businesses because it is so important that the candidate hired is the best possible fit...
AGED CARE PART 2 – RETIREMENT VILLAGE, AGED CARE OR NURSING HOME – WHAT HAPPENS WHEN YOUR PARENTS OR LOVED ONES GET OLDER
We hope that you found last month’s article regarding Retirement Villages valuable and informative, (click here to read it if you missed it) and this article will follow on from that article with a focus on aged care facilities / nursing homes to enable our readers to gain a greater understanding of the options available...
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