Informal Wills

The recent case of In the Estate of Jansen [2020] ACTSC 130 (26 May 2020) underscores the importance of obtaining legal advice in relation to the proper execution of Wills. In this case, a document in the conventional form of a Will did not meet the formal requirements of the Wills Act 1968 (ACT) (Wills …
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New Year, New Will!

A new Will may not be the first thing on your new year’s resolution list, however it is very important to consider. If you do not have a Will or your circumstances substantially changed in 2016, the fresh new year is a good time to organise your estate planning. An outdated Will can be as …
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What you need to know about the new “medical research” function for an Enduring Power of Attorney

On 1 September 2016 the Powers of Attorney Act 2006 (the Act) was amended to allow a person (the Principal) to authorise their nominated attorney to make decisions about medical research matters involving ethically approved research when the Principal becomes a person with impaired decision making capacity. This authority is in addition to the existing …
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Estate Planning for Foreign Assets

It is now becoming more common for people who live in Australia to have assets overseas. If you own assets overseas it is important to be aware that each jurisdiction has its own legal system and tax laws. You should not assume that the succession laws and tax regimes you are familiar with in Australia …
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Why You Need a Will

This is a question often presented to the estate planning lawyers in our office. The most obvious answer is that, if there is no will, your estate will be distributed in accordance with the method set out in the Administration and Probate Act 1929 (ACT) (the Act) or the equivalent legislation in the relevant State …
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Why you need an Enduring Power of Attorney

An Enduring Power of Attorney is a legal document which allows you to appoint a trusted person or persons to make decisions about financial, property and personal matters on your behalf. An Enduring Power of Attorney is the only way to ensure that you have control over who will make decisions on your behalf if …
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