Advertising for Creditors or Claimants of Deceased Estates

Advertising for Creditors or Claimants of Deceased Estates

Advertising for Creditors or Claimants of Deceased Estates

One of the duties of an executor in administering an estate is to satisfy any outstanding debts owed by the deceased upon their death.

An executor who is aware of an outstanding claim by a creditor, or a possible claim against the estate, but nevertheless distributes the estate, may be personally liable to the creditor.

Although there is no requirement in South Australia to advertise for creditors, it is generally advisable to do so in order to enjoy the protection afforded to estate executors and trustees by s. 29 of the Trustee Act 1929 (SA).

Details
dealing with chronic illness and planning your estate

Dealing with Chronic Illness and Planning Your Estate

dealing with chronic illness and planning your estate

Estate planning requires some tough conversations and occasionally involves thinking about worst-case scenarios for you or your loved ones.

That’s why a lot of people treat it like the dentist, something that they know they ought to do but they keep putting it off.

Planning your estate and the more difficult aspects that come with it can be made even harder by dealing with a chronic illness, whether it’s your own or your spouse’s.

Details
socially distanced execution of estate planning documents in south australia hero

Socially Distanced Execution of Estate Planning Documents in South Australia

socially distanced execution of estate planning documents in south australia hero

During these unique and unprecedented times, we at Genders and Partners are still working hard to help our clients and their families create and update their estate plans efficiently, while also focusing on keeping everyone safe through social distancing practices.

We take very seriously the need to protect you and our staff.

As part of a client’s estate plan signings, we review all documents that our clients will be signing in-depth with them and discuss their overall plan before any documents are signed.

Details
coronavirus legal advice get your estate plan in order now hero

Coronavirus Legal Advice: Get Your Estate Plan in Order Now

coronavirus legal advice get your estate plan in order now hero

Estate planning lawyers are getting mobbed with questions. So, here is some timely advice on what families should be doing to prepare in case the unimaginable happens.

The economy and job market has recently been in a free fall. The world has not experienced this level of fear since the days of the polio epidemic in the 1940s and 1950s.

Details
whats your excuse

What’s Your Excuse?

whats your excuse

I get it. I’m not a kid any more, and I’m supposed to be grown-up and ‘responsible’. It’s time to “put my affairs in order”.

Thinking about making a Will just isn’t fun. No-one wants to confront their own mortality. And talking to a lawyer is boring – and expensive – right?

Plus I’d have to take time-off work to drive across town to the lawyer’s office. Finding a carpark is always a pain.

Details
COVID-19 Information

COVID-19 Information

COVID-19 Information

The offices of Genders and Partners remain open, and we continue to monitor the COVID-19 outbreak closely as it evolves.

We receive frequent briefings and alerts from the Law Society of South Australia, the Law Council of Australia and the international Society of Trust and Estate Practitioners.

The South Australian and Federal Governments, as well as the World Health Organisation, are providing ongoing directions on the temporary closure of non-essential activities and businesses to help slow the spread of COVID-19.

Details
The 7 Deadly Sins of DIY Wills

The 7 Deadly Sins of DIY Wills

The 7 Deadly Sins of DIY Wills

Trying to DIY the most important legal document in your life is a bad idea. This is a specialised area of law, and when you don’t know what you’re doing, it is very easy to make critical errors trying to do this yourself. Any mistakes you make won’t become apparent until you die, and it’s too late for you to fix them, so it will be your family who has the stress and cost of dealing with it all.

Here are 7 of the most common errors people make with DIY Wills:

  1. No Advice. While DIY Will-kits and online services might provide you with a document that looks like a Will, appearances can be deceptive.       What you are paying a lawyer for is the advice they provide you along with the Will. It is illegal for anyone other than a licensed lawyer to provide legal advice for a fee, whether that means answering questions or making planning suggestions for how to accomplish goals. So the companies that offer DIY Wills or kits or online documents are always careful to tell you that they are not giving you legal advice, and they ALWAYS recommend that you consult a lawyer if you have questions.
  2. Details
why single people should plan their estate

Why single people should plan their estate

why single people should plan their estate

In our law practice, we talk a lot about estate planning for families.

It’s the most common application for our services—parents want to be able to protect the money they’ve saved and the assets they’ve accrued for their children, and provide an easy way for their assets to be passed down to their children when they die.

However a person who is single with no children—or, for that matter, a childless person whose spouse has passed away—may need estate planning services even more.

Details
trust has to be earned

Trust has to be earned

trust has to be earned

When I was a kid, I saw how people naturally gravitated to my mum and dad when they needed help.

Extended family and close friends turned to them when they were in trouble, and I used to wonder what it was that made my folks the ‘go-to’ people in that situation.

My mum was great at comforting people. She just had this way about her that put people at their ease. She welcomed them and – somehow – embraced them emotionally.

Details