The Queensland Parliament has now passed regulations allowing for Wills and enduring documents (including enduring powers of attorney and advance health directives) to be witnessed via an audio visual link. ...
The Queensland Parliament has now passed regulations allowing for Wills and enduring documents (including enduring powers of attorney and advance health directives) to be witnessed via an audio visual link.
The recent decision in the Marsella case confirmed the obligation of SMSF trustees to make a death benefit decision in good faith. But does this obligation apply wider than just to death benefits?
In February 2019, the decision of Re Marsella; Marsella v Wareham (No 2) [2019] VSC 65, provided some food for thought for trustees paying death benefits from self-managed superannuation funds
For a Will to be valid it must be signed in the presence of two people who also sign your Will as witnesses. So how do you sign your Will in the current COVID-19 circumstances?
Generally, an attorney appointed under a general or enduring power of attorney cannot enter into a conflict of interest transaction.
The New South Wales Supreme Court has confirmed how trusteeship of an SMSF works where a member and trustee loses capacity and then dies.
Executors facing unforeseen difficulties in selling an estate property within two years of the date of death are now protected by the Commissioner’s safe harbour rules.
There have been two recent cases in the Supreme Court of New South Wales that reinforce the importance of documenting agreements between family members to avoid disputes later on.
The 2019 listings feature lawyers and law firms who have been identified by their peers as having leading specialist expertise and abilities in these areas of law.
Another administrator of a deceased estate has ended up in court because of the conflict between her role as administrator of her late husband’s estate and claimant of his death benefit.
The recent Victorian decision of Re Marsella; Marsella v Wareham (No 2) [2019] VSC 65, demonstrates what not to do as a trustee when paying a death benefit from a self-managed superannuation fund, and, very importantly, what not to do as a trustee’s adviser. The case is a perfect example
Over the last few years, courts have been called upon to consider whether the executor or administrator of a deceased estate can claim a superannuation death benefit for themselves, or whether they are conflicted from doing so.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.