
When variation clauses go wrong for family trusts – Re Owies Family Trust
The recent Victorian decision of Re Owies Family Trust reinforces the importance of checking variation powers in trust deeds and ensuring they are wide enough.

The recent Victorian decision of Re Owies Family Trust reinforces the importance of checking variation powers in trust deeds and ensuring they are wide enough.

The tax treatment of a payment made from a superannuation fund can be quite different if it is received during a member’s life, as opposed to after their death. Many people talk about the distinction as being quite clear. However, the reality is that it is more complicated than that and leaving the signed forms in the bottom drawer may not be the best approach.

The government has reintroduced its Bill to increase the maximum number of people who can be in a self managed superannuation fund from four up to six. Many are excited about this concept, but is it really a good idea?

Organised by Lawyers Weekly, the Commercial Partner of the Year award recognises the achievements of Australia’s top partners and is judged on excellence in practice, proven benefits to clients and what sets him apart as a leader in the industry

Doyle’s Guide has recognised Cooper Grace Ward as a first tier law firm in Wills, Estates and Succession Planning in the latest 2020 rankings, with two Cooper Grace Ward partners also listed as leading practitioners.

The 2020 listing of leading Queensland Wills & Estates Litigation Law Firms details firms practising within the areas of Wills & Estates Litigation, Disputes and Contested matters in the Queensland legal market who have been identified by their peers for their expertise and abilities in these areas.

Cooper Grace Ward partner, Hayley Mitchell has been recognised by Doyle’s Guide in its annual listing of Leading Wills and Estates Lawyers.

The announcement was made this week and showcases the Brisbane-based firm along with nine other respected Australian law firms.

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?