Genders and Partners

The Increasingly Common Problem of Undue Influence in South Australia

The Increasingly Common Problem of Undue Influence in SA

Modern medicine is helping us live longer life spans than ever before, but a good portion of the ageing population needs assistance from family members or other caregivers as time goes on. This dependency, coupled with the older person’s declining physical or mental state, unfortunately creates favourable conditions for a caregiver to manipulate the estate planning process for his or her own benefit. This is called undue influence, and when you consult with Genders & Partners for Wills & estate planning in Adelaide, we will do everything in our power to protect you from those who do not have your best interests at heart.

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How & Where to Store Your Will

How & Where to Store Your Will

It’s a great feeling to finally complete your estate plan and know that you, your family and your assets are protected. After completing this important and necessary task with the help of your Wills & estate planning lawyer in Adelaide, you can get on with enjoying your life rather than contemplating your mortality. However, there’s one more step you need to take to ensure that your beneficiaries receive what is rightfully theirs without any hassle: You must properly store the original Will and inform the right people of its location. This simple task ensures that when the time comes, your executors can get to work doing their job of carrying out your wishes as quickly and efficiently as possible.

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Administering a Deceased Estate Takes Care and Skill

Administering a Deceased Estate Takes Care and Skill

In a 2014 Judgment, the Supreme Court of Queensland ruled that the administrator of a deceased estate breached her fiduciary duty by applying for her deceased son’s superannuation benefits to be paid to her personally, rather than on behalf of his estate.

This is an example of where a little knowledge can be a dangerous thing. Probate and Deceased Estate administration is a specialised area of law. Don’t be fooled into believing the lady at the hairdresser or the bloke down the pub who says that it is easy to do this yourself, or that the lawyer who handled your divorce, or your uncle’s drink-driving offence, can easily do this. If you pay peanuts, you’re very likely to get monkeys.

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What Do Trustees of a Deceased Estate Do?

What Do Trustees of a Deceased Estate Do

An executor of a deceased estate in Adelaide is responsible for administering the estate according to the terms of the Will and ensuring that all taxes and debts are paid. Trustees of a deceased estate, on the other hand, often have a longer and more complicated job that in some cases can last for years or even decades.

If you have been appointed as a trustee of a testamentary trust, you have certain legal requirements to uphold, and any failure to comply can leave you personally liable for financial losses suffered.

The best way to ensure that you understand your responsibilities and carry them out appropriately is to consult with a specialist Adelaide probate and estate administration law firm as soon as possible.

What is a Trust?

You can think of a trust as a type of container. Inside the container is something to be protected. This is called the trust fund.  It is being held in safekeeping for the benefit of one or more people or entities, called beneficiaries.

A trustee is appointed to take control of the trust until a future date, at which time the trust fund is passed on to the beneficiaries. The trustee can be an individual or a private company appointed by the deceased.

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Succession Planning For Your Business

Do you know what will happen to your business if one of your company’s shareholders dies or loses capacity?

Succession Planning For Your Business

If you are in a business with shareholders, your business faces a major potential threat if one of your fellow shareholders dies or becomes permanently incapacitated.

Business Succession Planning is part of modern integrated estate planning, and your interest in your business may be a substantial part of your personal net worth.  Good planning through buy/sell agreements and appropriate insurance can make all the difference. For many businesses, if no pre-existing arrangements are in place, the death of a shareholder can mean their shares in the company will go to the beneficiaries of that person’s deceased estate.

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