Science Fiction in Estate Planning
Could there ever be a legal expectation of a “use-by date” for human beings? We might scoff at such a notion and relegate it to science fiction, but should we be so quick to dismiss it entirely?
Rod Genders is a senior Australian lawyer specialising in Wills and Estate Planning, Probate and Estate Administration, Trusts and Guardianship and Inheritance Claims and Contested Estates in South Australia. His boutique specialist law firm, which was founded on 1848, is one of the oldest and most respected in Australia. Rod is an international author and speaker. Rod is the 3rd generation of Genders in the law and has been practising specialised law since the mid 80’s. He has acted as counsel or consultant to in excess of 50 other firms around Australia. Rod holds the SA state record for the highest ever personal injury award of damages, and has been involved in several of the largest personal injury claims in Australian legal history. For over 10 years he served on the Council of the Law Society of South Australia and is a senior member of its Succession Law Committee. Rod was a founding committee member of the South Australian branch of the London-based Society of Trusts and Estate Practitioners (STEP) for 8 years and was the founding Chair of the international STEP Digital Assets Special Interest Group. For over 25 years Rod has chaired a private committee enquiring into the affairs of protected persons. He is a member of the Law Council of Australia, and a member of its Succession and Elder Law Committee. Rod is one of only three Accredited Specialists in Wills and Estates law in South Australia, as recognised by the Law Society of South Australia.
7 Essential Things an Estate Executor Must Do
An Executor is the person appointed in a Will with the lawful authority to administer the deceased estate. The role carries a special responsibility to hold the estate in trust for the beneficiaries and to act in the best interests of the estate. Here are seven things every Executor should do.
Elder Abuse – a Silent and Growing Epidemic
The longer we live, the more we may depend upon others — family members, friends, and professional carers. Australia now has one of the highest life expectancies in the world. That longevity is welcome, but it brings with it a sobering reality: the longer we live, the more time there is for those around us to take advantage.
Weird Probate Issues Part 9
Once more into the archive of wonky wills, baffling bequests, and improbable inheritances. Our ongoing series continues with eight more examples of what happens when estate planning goes wrong — or simply goes sideways.
Weird Probate Issues Part 8
Here we go again, with more Wacky Wills, Peculiar Probates and Dreadful Deaths. If you find yourself both appalled and entertained by what people get up to at the end of their days, this instalment of our series should not disappoint.
Weird Probate Issues Part 7: Wills That Made People Smile
Here is another instalment of our popular series covering weird Wills, problematic probates, and the occasional disturbing departure from this world. If the following examples provoke a smile, they are intended to. But as always, behind the humour lies a serious point: Wills are legal documents, and their consequences can outlast the amusement by many years.
Weird Probate Issues Part 6: Strange and Unexpected Deaths
Death is a serious subject — but history has not been without its share of extraordinarily peculiar departures from this mortal coil. Our Weird Probate Issues series continues in its morbidly popular vein. Beyond the dark humour, however, each of these stories carries a practical estate planning message: death can be unexpected. The time to prepare is now.
Weird Probate Issues Part 5: What Celebrity Will Mistakes Can Teach Us All
Celebrity estates are public affairs. When something goes wrong, it goes wrong in full view of the world. The estate planning mistakes of the rich and famous offer the rest of us an invaluable education — at no personal cost. Here are thirteen cautionary tales and the lesson each one teaches.
When a Will Doesn’t Meet the Rules: Formal Validity and the Court’s Dispensing Power
Most people assume that a Will is valid so long as it reflects what the will-maker wanted. In fact, South Australian law imposes strict formal requirements on how a Will must be signed and witnessed before it takes effect as a legally binding document. Get the formalities wrong, and even a document that perfectly captures a person's wishes can be at risk of failing – unless the Supreme Court is persuaded to step in and rescue it under what is known as the dispensing power. This article explains what the formal requirements are, what can go wrong, and how the courts have been given a discretion to overlook defects in appropriate cases.
Weird Probate Issues Part 4: The Bottom Line
Some people are determined to have their final say. Our continuing series of eccentric last Wills and testaments proves that human ingenuity knows no bounds — even at the grave’s edge. Each story contains, somewhere beneath the absurdity, a lesson worth taking seriously.