The legislation implementing the substantive changes to superannuation announced in the 2016 Budget has now passed through Parliament.
From 1 July 2016, the Queensland Government has extended the duty exemption for transfers of assets used in a primary production property.
The South Australian case of Brine v Carter [2015] SASC 205 is a warning to executors who wish to claim the deceased’s superannuation for themselves.
Recent changes to the tax legislation will require a purchaser to withhold and pay 10% of the purchase price to the ATO in certain circumstances.
Marriage and divorce change the operation of Wills, but until a decision of the Supreme Court of Western Australia in Blyth v Wilken in December 2015, ceasing a de facto relationship did not.
The recent Queensland case of Masci v Masci [2015] QCA 245 highlights the dangers of failing to seek proper advice about your estate planning.
On 25 March 2015, the Queensland Supreme Court in Munro v Munro [2015] QSC 61, handed down a decision in which a document that was expressed to be a ‘binding death benefit nomination’ (BDBN) was found to be invalid, allowing the trustees of the SMSF to distribute the deceased’s death
The discretion of the trustee of a superannuation fund to choose the recipient of a death benefit is a core principle of estate planning, particularly where the benefits are in a self-managed superannuation fund.
An executor is a person appointed in someone’s Will to manage their affairs and carry out their wishes after they die.
It is common for people who control valuable structures and entities outside of their estate to make provision for their family through those entities when they die, as opposed to leaving gifts to them in their Will.
Although someone might be ‘eligible’ to bring a family provision claim, that alone does not guarantee success.
A ‘family provision application’ (FPA) is a type of estate challenge that can be brought to dispute the contents of a person’s Will after they die. An FPA is not the correct avenue to challenge the validity of a Will document. An FPA is usually filed where someone has been