what to do when someone dies with debts

What To Do When Someone Dies With Debts

what to do when someone dies with debts

How to handle the common issue of debts that have not been resolved before a person dies.

An Executor is the person who is appointed under a Will, to administer the estate of a person who has died (the Deceased).

In the Probate process, the Court confirms that a specific piece of paper is the Last Will of the Deceased and appoints the person named in the Will to be the Executor.

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Deceased Estates Simplified Cover

Challenges to a Will or Estate in South Australia

A Guide for Beneficiaries of a Deceased Estate in South Australia | Genders and Partners

Challenges to Wills are far less common than challenges to estates. A Will can be contested or challenged when it is alleged that the Will was:

  • executed under undue influence from others
  • executed when the testator lacked capacity to understand what he/she was doing
  • tampered-with or altered after it was signed
  • the meaning of the Will is unclear
  • a later Will has been made by the Deceased
  • incorrectly executed or otherwise invalid due to a failure to follow the correct formalities
  • since been revoked
  • procured via fraud
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poor mans will podcast by rod genders

The Poor Man’s Will Dangers of Joint Ownership in Estate Planning

The Poor Mans Will Dangers of Joint Ownership in Estate Planning

Joint accounts with other people are a common method for ageing persons seeking help with money management, but this can cause problems.

What is Joint Tenancy

Joint Tenancy is used often by couples as a means of owning shared assets. There are some good reasons to do this, but there are also some drawbacks.

Joint accounts are often referred to as a “poor man’s Will” because they allow an individual to give assets to another upon death without going through the probate process. Some people have the perception from hearing horror stories that probate will consume the entire estate.

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Why You Need a Will and What it Does

Why You Need a Will and What it Does

Why You Need a Will and What it Does

Your ‘Will’ is a legal document that tells the world what you want to happen to your estate after you’re gone.

Your ‘estate’ is everything you own or control. It can include real estate, bank accounts, investments, shares, insurances, superannuation, vehicles, personal possessions and all manner of other assets.

It can also include intangible assets like goodwill, royalties, intellectual property and various legal rights.

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World Alzheimer's Month | Genders and Partners

World Alzheimer’s Month

World Alzheimer's Month | Genders and Partners

Next week marks the beginning of World Alzheimer’s Month and Dementia Awareness Month. Without a medical breakthrough, the number of people with dementia in Australia is expected to increase to 536,164 by 2025 and to 1,100,890 by 2056.

World Alzheimer’s Day is on 21 September. Here at Genders and Partners, we will be honouring our clients and their caregivers who are battling Alzheimer’s and Dementia by posting on social media in order to spread awareness and start conversations about how to make life easier for those battling through these devastating diseases.

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estate planning after divorce podcast by rod genders

Estate Planning After Divorce

Estate Planning After Divorce

After a marriage breaks down, no matter how old we are or whether we have children, it is important to consult a lawyer specialising in estate planning to make sure that we have sorted out our legal affairs for our new life once the divorce decree is final.

The very nature of a marriage (historically) is “to join two people together” and this blurs the lines between who owns what.

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transitioning to aged care podcast by rod genders

Transitioning to Aged Care

Transitioning to Aged Care
  • How Relocation Financing Can Help
  • Why Comparing Home Loans is a Good Idea
  • How to Improve Prospects of Getting a Home Loan

An interview between Rod Genders (senior Australian lawyer specialising in Wills and estates) and Cheryl Cocks (mortgage broker with Aussie)

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the truth about homemade wills and trustee companies podcast by rod genders

The Truth about Homemade Wills and Trustee Companies

Welcome to EstatePlanner, the podcast that tells the truth about Wills, estates and guardianships in Australia. We all have loved ones that we care-for. As the Australian population ages, it is getting more important to protect ourselves, our family and our assets. Rod Genders is one of the most senior and respected lawyers in Australia,…

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a quick look at testamentary capacity podcast by rod genders

A Quick Look at Testamentary Capacity

A Quick Look at Testamentary Capacity Podcast Senior Australian lawyer Rod Genders gives a quick (5 minute) overview of Testamentary Capacity – an increasingly common and important problem as Australia braces for a projected tripling of Alzheimer’s in our rapidly ageing population.

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the benefits of experience

The Benefits of Experience

the benefits of experience

Last night I had to do one of those business chores that just has to be done, but I hate it.

I’ll try not to bore you with too much detail, but basically it involves computer security stuff that is equal parts weird, scary, frustrating and boring.

Much of it makes no intuitive sense, and there are traps for the unwary everywhere. It feels like tap-dancing into a minefield. Wearing a blindfold.

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